Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
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When consumers purchase products, they trust that these items are safe for use. However, defective or dangerous products can cause significant injuries or even fatalities. If you have suffered an injury or condition from a defective product, it is vital that you understand your rights.
Read on to learn about product liability law in Wisconsin.
Product liability refers to the legal responsibility of manufacturers and other entities for injuries caused by defective products they provide to consumers.
In Wisconsin, product liability claims can be pursued under three primary legal theories. They are negligence, strict liability, and breach of warranty.
To establish a successful product liability claim in Wisconsin, a claimant must demonstrate that:
These elements are essential across all three legal theories.
At Pemberton Personal Injury Law Firm, we are committed to fighting for those harmed by defective products. As experienced product liability attorneys, we understand the complexities of these cases and have a strong track record of holding negligent manufacturers accountable.
What sets us apart is our client-first approach. We provide personalized attention, clear communication, and aggressive advocacy every step of the way. We work on a contingency fee basis, so our clients don’t pay unless we win.
Our team also thoroughly investigates every claim and documentation. We work with industry experts to build compelling cases that maximize compensation for our clients.
From defective consumer goods to dangerous medical devices, we have the experience and dedication to secure justice. If you or someone you care about has been hurt by a faulty product, know that Pemberton is on your side. We will fight for the compensation and accountability you deserve.
Product defects generally fall into three categories:
Identifying the type of defect is crucial, as it influences the legal strategy and the evidence required to support a claim.
Wisconsin Statutes § 895.047 outlines the state’s product liability laws. Under this statute, a manufacturer is liable if a claimant proves by a preponderance of the evidence that:
The law also gives defenses for manufacturers. For example, if the product was misused or changed. It applies if the claimant knew about the defect and the danger but still used the product.
While product liability laws are primarily state-governed, federal regulations also play a role. Agencies like the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) set nation-wide safety standards for products.
Compliance with federal standards can impact liability claims, and in some cases, federal law may preempt state law claims. Therefore, understanding both state and federal regulations is essential in product liability cases.
Navigating product liability claims involves complex legal principles and requires thorough investigation and evidence collection. Our product liability lawyers in Eau Claire can:
Product liability law can be complex. It is vital that injured parties prove certain factors, so having a skilled lawyer is essential. They can help protect your rights and get you the compensation you deserve.
If you or a loved one has been injured by a defective product in Eau Claire, contact a qualified personal injury lawyer. We will discuss your case and explore your legal options. Call (608) 448-6242 or use the contact form to request a free case evaluation.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$33M+ Won For Our Clients
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
“If you ever need an attorney, he would be the first one I recommend”
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”