Experienced Elkhorn, Wisconsin Product Liability Lawyers
Consumers trust that the products they buy are safe to use. When a defective product causes an injury, you may face medical bills, lost wages, pain and a long recovery. Your injuries may also keep you from working or enjoying daily life. If a loved one dies due to a defective product, your family may face added financial strain and grief. You may have the right to seek compensation for these losses from the companies responsible.
At Godfrey, Leibsle, Blackbourn & Howarth, S.C., we represent injured people and their families in product liability claims from our Elkhorn office. Strategically located in the greater Milwaukee, Madison and Chicago metropolitan triangle, our firm has developed a strong network of relationships and an expanded footprint to meet client demands in Wisconsin and across the United States. Our lawyers have earned a solid reputation in all areas of personal injury and other plaintiff representation. We will gladly evaluate your case and recommend a course of action.
Types Of Product Defects In Wisconsin
Defective products can include toys, power tools, pharmaceutical products, medical devices, appliances, workplace equipment and auto parts. Wisconsin law recognizes three types of defects:
- Design defects: The product’s design makes it unreasonably dangerous, even when made as intended.
- Manufacturing defects: A production error makes the product differ from its intended design, such as a faulty weld or a contaminated ingredient.
- Marketing defects or failure to warn: The product lacks proper instructions or warnings about risks the maker knew or should have known about.
Any of these defects may support a claim if they cause an injury. You may seek compensation for medical care, lost income and other losses.
Who Can Be Held Liable?
Several businesses may be held accountable for a product that causes an injury. Depending on the case, we may pursue claims against:
- Product manufacturers
- Makers of component parts
- Wholesalers and distributors
- Retailers and sellers
- Companies that assemble or install the product
Wisconsin law limits when you can hold a seller or distributor liable under strict product liability rules. Exceptions may apply if you cannot serve the manufacturer, the manufacturer is insolvent or the seller took on the manufacturer’s duties. Finding all possible responsible parties can help identify sources of compensation.
Wisconsin Product Liability Laws
Wisconsin law allows strict product liability claims. You may also bring claims based on negligence or breach of warranty. For a strict liability claim, you typically need to prove that the product had a defect and was unreasonably dangerous, that the defect existed before the manufacturer released the product into the market and that it caused your injury.
In most cases, Wisconsin law gives you three years from the date of your injury to bring a personal injury claim. Acting promptly can help protect your right to seek compensation.
Wisconsin also follows a comparative negligence rule. Your compensation may be reduced by your share of fault. If you are more than 50% at fault, you generally cannot recover damages.
Evidence To Preserve After A Defective Product Injury
Evidence can help show how the product caused your injury. Keep the following items when possible:
- The product in its current condition, without repairing or altering it
- Packaging, labels, manuals and receipts
- Photos and videos of the product, your injuries and the incident site
- Medical records and bills
- Witnesses’ names and contact details
- Recall notices and messages with the seller or manufacturer
This evidence may help support your claim and show the losses you suffered.
Do I Still Have A Claim If I No Longer Have The Product Or Packaging?
You may still have a claim. The product can help prove what happened, but other evidence may also support your case. Keep receipts, medical records, photos, witness statements, recall notices and reports of similar injuries. Contact us to discuss the evidence you have and whether we can locate the same product or another one of the same model.
Fighting For Your Rights After An Injury Caused By A Defective Product
At Godfrey, Leibsle, Blackbourn & Howarth, S.C., we fight for the rights of the injured. Speak with a product liability attorney by calling 262-422-6607 or sending an email inquiry. Our experienced lawyer can guide you in your pursuit of compensation after you were injured or a family member was killed through use of a dangerous or defective product.