Individual States 

WYOMING

ASSUMPTION OF RISK

Assumption of risk is part of comparative negligence, and is not a bar to recovery. Wyo. Stat. §1-1-109 .

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COLLATERAL SOURCE RULE

There are no exclusive Products Liability statutes under this category.

COMPARATIVE FAULT

Contributory fault shall not bar recovery in an action for wrongful death or injury to person or property unless claimant is more than 50 percent at fault. Where claimant's fault is 50 percent or less, recovery will be diminished in proportion to that fault. This applies to actions based on negligence, willful conduct, strict tort and strict products liability, and includes breach of warranty, assumption of risk, and misuse or alteration of a product. Wyo. Stat. §1-1-109 .

ECONOMIC LOSS

A claim for pure economic loss does not lie on a theory of negligence or strict liability. Cont'l Ins. v. Page Engin'g Co., 783 P.2d 641 (Wyo.1989) .

The supreme court has refused to create a "sudden calamitous event" exception. Cont'l Ins. v. Page Engin'g Co., 783 P.2d 641 (Wyo.1989) .

JOINT & SEVERAL LIABILITY

Joint and several liability has been abolished with regard to claims for negligence, strict products liability, and breach of warranty. "Pure" several liability applies, and each defendant is only liable for damages attributable to his share of the total fault. Wyo. Stat. §1-1-109(e) .

PUNITIVE DAMAGES

Punitive damages may only be awarded if a preponderance of the evidence demonstrates that the defendant is guilty of willful and wanton misconduct. Wyo. P.J.I. 4.06 .

There needs to be a reasonable ratio between the amount of actual damages and the amount of punitive damages. Farmer's Ins. Exch. v. Shirley, 958 P.2d 1040 (1998) .

Punitive damages are allowed in wrongful death actions. Wyo. Stat. §1-38-102 .

RIGHT TO CONTRIBUTION

As Wyoming does not allow joint and several liability, there is no right to contribution. Anderson Highway Signs & Supply, Inc. v. Close, 6 P.3d 123 (Wyo. 2000) .

SPECIAL DEFENSES

There are no reported cases that identify special defenses that would bar recovery.

STATUTES OF LIMITATION

Actions in strict liability and negligence, for personal injury and property damage must be brought within four years. Wyo. Stat. §1-3-105 .

Actions for wrongful death must be brought within two years. Wyo. Stat. §1-38-102(d) .

Actions for breach of warranty must be brought within four years. By the original agreement the parties may reduce the period of limitation to not less than one year, but may not extend it. Wyo. Stat. §34.1-2-725 .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in Wyoming.

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.