Legal Question in Product Liability in Wisconsin

I raise Rex rabbits, and I have a 7 week old. I recently bought a "Hay Rack" from a company that supplies to Fleet Farm. There are NO warning labels on the packaging for age appropriate, height to set, or cage requirements. Sometime during the night my bunny hopped into it, and when he tried to hop down got his leg caught in the rack, and when we went to feed him this morning, he was hanging upside down, and his leg is now broken. I want to know if I would have a case if I were to take it to court for the costs of fixing his broken leg, that could cost up to 1,000 dollars.

Donna Phippard


Asked on 5/26/10, 2:05 pm

1 Answer from Attorneys
Jonathan Safran Samster, Konkel & Safran, S.C.

First you would have to prove that the products was designed or manufactured or sold defectively or was dangerous to pursue a product liability claim. There is normally a three year statute of limitations in Wisconsin regarding pursuit of a claim. Under Wisconsin law, the rabbit is considered the same as property, so the party responsible, if found to be negligent, would be required to pay the lesser of the value of the rabbit or the potential cost of the care to "fix" it.

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Answered on 5/28/10, 12:04 pm


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