Eau Claire Product Liability Lawyers

Understanding Product Liability 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.

1. Negligence: This involves showing that a party did not use reasonable care in designing, making, or warning about a product.
2. Strict liability: A manufacturer or seller is responsible for putting a defective product in a consumer’s hands. This is true even if they were careful during the product’s making.
3. Breach of warranty: Pertains to the failure of a product to meet the terms of its express or implied warranty.

To establish a successful product liability claim in Wisconsin, a claimant must demonstrate that:

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

These elements are essential across all three legal theories.

Why Pemberton?

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.

Types of Product Defects

Product defects generally fall into three categories:

1. Design Defects: Flaws inherent in the product’s design make it unreasonably dangerous, even if manufactured correctly.
2. Manufacturing Defects: Errors occurring during the production process result in a product that varies from its intended design, rendering it unsafe.
3. Marketing Defects (Failure to Warn): Inadequate instructions or warnings about a product’s proper use can lead to consumer injury.

Identifying the type of defect is crucial, as it influences the legal strategy and the evidence required to support a claim.

Wisconsin Product Liability Statute

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 product was defective.
• The defect rendered the product unreasonably dangerous.
• The defect caused the claimant’s injury.
• The product reached the user without substantial change from its original condition.

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.

Federal Product Liability Considerations

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.

Importance of Consulting with Eau Claire Product Liability Lawyers

Navigating product liability claims involves complex legal principles and requires thorough investigation and evidence collection. Our product liability lawyers in Eau Claire can:

• Evaluate Your Claim: Assess the merits of your case and identify the appropriate legal theory to pursue.
• Gather Evidence: Collect and preserve crucial evidence, including expert testimony, to support your claim.
• Negotiate with Parties: Engage with manufacturers, insurers, and opposing counsel to seek fair compensation.
• Represent You in Court: Advocate on your behalf in litigation if a fair settlement cannot be reached.

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 product liability attorney. 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.