Wisconsin Product Liability Lawyers

Understanding Product Liability in Wisconsin

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. In Wisconsin, parties can pursue product liability claims under three primary theories: negligence, strict liability, and breach of warranty.

Each theory necessitates proving that:

• The product was defective
• The defect existed when it left the manufacturer’s or seller’s control
• The injury resulted from the defect

Why Choose Pemberton Personal Injury Law Firm

At Pemberton, we pride ourselves on delivering exceptional legal representation with a client-first approach. Our Wisconsin personal injury lawyers navigate complex state and federal regulations. We make sure every case receives the care it needs.

Nothing is more frustrating than having to deal with liability while also recovering from an injury or illness. We also pride ourselves on being relentless advocates, and we commit to holding parties accountable for harmful products. That way, you can focus on your recovery journey.

Types of Product Defects

1. Design Defects: These are flaws that exist before the product’s production. In Wisconsin, a product is defective in design if it has risks that can be lowered. To put it another way, if designers could have made a better, safer design, then the product is “defective.”
2. Manufacturing Defects: These happen during the product’s production. This can lead to a product that is different from its intended design, even if all care was taken. Such defects make the product unreasonably dangerous to the user or consumer.
3. Marketing Defects (Failure to Warn): These issues involve poor instructions or warnings. They fail to inform consumers about hidden dangers linked to the product’s use. If the risks could have been reduced or avoided with better guidance, the product is not safe.

Wisconsin’s Strict Liability Standard

Wisconsin follows a strict liability rule in product liability cases. This means a manufacturer can be held responsible if a product is defective. It does not matter how careful they were during production.

To establish strict liability, a claimant must demonstrate:

• The product was defective (due to manufacturing, design, or inadequate warnings).
• The defect rendered the product unreasonably dangerous.
• The defect existed when the product left the manufacturer’s control.
• The product reached the consumer without substantial change.
• The defective condition caused the claimant’s damages.

Statute of Limitations and Time Constraints

In Wisconsin, there is a specific time limit for bringing product liability claims. A defendant is not responsible if the product that caused harm was made 15 years or more before the claim. This is true unless the manufacturer said the product would last longer. This statute of repose underscores the importance of timely legal action to preserve your rights.

Defenses in Product Liability Cases

Manufacturers and sellers may employ several defenses in product liability claims, including:

• Comparative Negligence: Arguing that the claimant’s misuse, alteration, or modification of the product contributed to the injury, potentially reducing the damages awarded.
• State-of-the-Art Defense: Proving that the product met the scientific and technical knowledge of its time suggests the defect was not expected.
• Compliance with Regulations: Showing that the product complied with relevant federal or state standards creates a rebuttable presumption that the product is not defective.

However, experienced injury lawyers have the resources and wherewithal to navigate these defensive claims.

Free Case Evaluation with an Experienced Legal Team

Looking for a product defect lawyer? Our dedicated team possesses extensive experience navigating the complexities of both Wisconsin and federal product liability laws. We are committed to providing personalized legal strategies tailored to your unique circumstances, ensuring that you receive the compensation you deserve.

If you or a loved one has been injured by a defective product, don’t navigate the legal complexities alone. Contact our Wisconsin Product Liability Lawyers for a free case evaluation and let us advocate for your rights.