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Alternate liability theory allowed in lead paint case.

Publication: Trial
Publication Date: 01-OCT-05
Format: Online
Delivery: Immediate Online Access
Full Article Title: Alternate liability theory allowed in lead paint case.(Wisconsin)

Article Excerpt
The Wisconsin Supreme Court has ruled 4-2 that a boy who suffered brain injuries after ingesting lead paint as a toddler can sue paint manufacturers even though he doesn't know which ones made the paint that caused his injuries. (Thomas v. Mallett, 701 N.W.2d 523 (Wis. 2005).)

Applying the so-called risk-contribution theory to the case, the court noted that "many of the individual defendants or their predecessors-in-interest did more than simply contribute to a risk; they knew of the harm white lead carbonate pigments caused and continued production and promotion of the pigment notwithstanding that knowledge."

"The court properly held that each of the industry defendants contributed to the creation of a risk of harm to the public generally and Steven Thomas specifically," said the plaintiff's attorney, Peter Earle...

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