Legally Reviewed by William Pemberton on September 25, 2026
Product liability refers to holding those all along the manufacturing chain accountable for products. This includes everyone from the manufacturer themselves to the wholesaler, to the store owner, and more.
Suppose an individual was injured due to their use of a particular product, and it can be proven that the product was defective and therefore caused the injury. In that case, they can be eligible for a product liability case.
Key Takeaways:
- Product liability holds manufacturers, wholesalers, and retailers accountable for defective products causing injuries.
- Cases fall into three categories: design defects, manufacturing defects, and marketing defects (warnings/instructions).
- Examples include flawed product design, faulty safety mechanisms, or inadequate warning labels.
- If injured, seek medical care, document symptoms, and gather evidence like medical records and photos.
- Consulting an injury attorney is essential, as product liability claims are often complex and defended aggressively by companies.
Are All Product Liability Cases the Same?
Briefly discussed below, product liability can be broken down into three main categories.
Design defects are the first category and can be defined as inherent errors in the product’s design. The product itself may have been manufactured to standards, but the design was flawed and caused an injury.
An example of a design defect can be a pressure cooker that a reasonable person was operating and burned himself because it was not built into the design to have an automatic shut-off when the lid was raised and the individual burned himself.
Manufacturing defects cover the process during the initial creation of the product. If a product was manufactured defectively and led to an injury, the individual may be eligible for damages.
Examples include a product with an auto shut-off mechanism when you raise a lid or move a part of the machine. If the shut-off mechanism failed and the person injured their arm or hand due to the device failing to shut off, this can be a manufacturer error.
Defects in marketing are the third category. This includes the manufacturer’s duty to provide adequate warning signs for safety hazards or instructions on how to use the product. If it can be proven that inadequate safety instructions led to a reasonable person injuring themselves with the inadequately labeled product, they may be entitled to compensation.
An example of defects in marketing can be medicine that can cause issues if taken along with other medications. If an individual became incredibly sick because they weren’t aware taking medicine alongside another substance could create a problem, this might be considered defective marketing.
What Should I Do if I Feel Like I Have a Product Liability Claim?
Seek medical attention and discuss any concerns with a physician. Just because an injury isn’t apparent from the beginning doesn’t mean there aren’t underlying issues that could arise.
Document your symptoms thoroughly so that you don’t have to look back and try to recall what changes have occurred since the injury. Gather all documentation such as medical records, pictures of injuries, a personal account of what happened, and more.
Should I Consult An Attorney?
Product liability cases can quickly become complex. There are several “built-in” defenses that companies have come up with in the past to avoid compensating victims for their injuries. An experienced injury attorney will have invaluable insight into what steps to take based on your specific situation. Contact our office at (608) 448-6242 to learn more about how we can best assist you.
Frequently Asked Questions About Product Liability in Wisconsin
What are the three types of product liability claims?
Product liability claims fall into three main categories. Design defects occur when a product’s fundamental design is inherently unsafe, regardless of how well it was manufactured. Manufacturing defects arise during the production process, resulting in a specific unit being flawed even though the overall design was sound. Marketing defects, also called failure-to-warn claims, involve inadequate instructions, warning labels, or safety information that caused a consumer to be harmed in a way that could have been prevented with proper guidance.
Who can be held liable for a defective product injury in Wisconsin?
In Wisconsin, liability for a defective product can extend to anyone in the product’s distribution chain who placed a defective product into commerce. This may include the original manufacturer, component part suppliers, the wholesaler or distributor, and the retail store that sold the product. Wisconsin law allows injured consumers to pursue claims against multiple parties, which can be important when the manufacturer is difficult to identify or located outside the country.
What do I need to prove to win a product liability case in Wisconsin?
To succeed in a product liability case in Wisconsin, you generally need to show that the product was defective, that the defect existed when it left the manufacturer’s control, that you were using the product as intended or in a reasonably foreseeable way, and that the defect directly caused your injury. Evidence such as the product itself, purchase records, medical records, photographs of injuries, and expert testimony about the defect can all strengthen your claim. An experienced attorney can help identify and preserve the evidence needed to build a strong case.
How long do I have to file a product liability claim in Wisconsin?
In Wisconsin, product liability claims are generally subject to a three-year statute of limitations, meaning you have three years from the date you were injured to file a lawsuit. There is also a separate statute of repose that can bar claims for products sold more than fifteen years before the injury in some circumstances. Because these deadlines can be complex and fact-specific, consulting with a product liability attorney promptly after an injury is strongly advisable to protect your rights.
What should I do immediately after being injured by a defective product?
After being injured by a defective product, seek medical attention right away even if the injury seems minor, as some conditions worsen over time. Preserve the product and any packaging, instructions, or receipts — do not throw anything away and do not attempt to repair or modify it. Document your injuries with photographs and write down a detailed account of how the injury occurred while your memory is fresh. Gather medical records and bills related to your treatment. Consulting with a product liability attorney as soon as possible can help you understand your options and ensure critical evidence is preserved.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
