Best Dangerous Product Lawyers in Wisconsin

About Dangerous Product Law in Wisconsin, United States

Dangerous product law, also known as product liability law, concerns legal rules that determine who is responsible when a consumer is injured by a defective or unsafe product. In Wisconsin, these laws are designed to protect consumers from harm caused by unreasonably dangerous goods, ranging from automobiles to household items, toys, tools, and food products. If a product is defectively designed, manufactured poorly, or lacks adequate warnings, and this results in injury, the injured consumer may have a right to pursue compensation.

Why You May Need a Lawyer

Navigating dangerous product claims can be complex and overwhelming. Here are common situations where seeking legal advice is highly recommended:

• You have been injured by a product that malfunctioned or failed during normal use.
• A loved one suffered illness or wrongful death due to an unsafe product.
• You are facing large medical bills, lost wages, or other damages after a product-related injury.
• The manufacturer’s insurance company is denying your claim or offering an insufficient settlement.
• You are unsure who is responsible among multiple parties, such as the manufacturer, retailer, or designer.
• There are questions regarding product recalls or industry standards for the item involved.

A lawyer experienced in Wisconsin dangerous product law can help protect your rights, gather necessary evidence, and pursue compensation against responsible parties.

Local Laws Overview

Wisconsin has its own statutes and legal standards for dangerous product cases, most notably under Wisconsin Statutes Section 895.047. This law lays out when manufacturers, distributors, and sellers can be held liable for harm caused by defective products. Key aspects include:

• Strict Liability: Wisconsin holds parties strictly liable for dangerous products, meaning liability can exist without proof of negligence if the product is defective and unreasonably dangerous.
• Types of Defects: Liability may arise from manufacturing defects, design defects, or inadequate warnings.
• Comparative Fault: If the injured consumer is partially at fault, their recovery may be reduced based on their percentage of responsibility (known as comparative fault).
• Statute of Limitations: Product liability claims must generally be filed within three years from the date of injury in Wisconsin.
• Defenses for Manufacturers: Wisconsin law outlines several defenses manufacturers can use, such as product misuse, alteration by the consumer, or dangers that are obvious and commonly known.

These rules can be nuanced, and successfully arguing a dangerous product claim often requires legal experience and knowledge specific to Wisconsin law.

Frequently Asked Questions

What is considered a dangerous product under Wisconsin law?

A dangerous product is any item that is unreasonably hazardous due to design flaws, manufacturing errors, or inadequate instructions or warnings, making it unsafe for ordinary use.

Who can be held liable for a dangerous product injury?

Manufacturers, distributors, retailers, and even designers can be held liable in Wisconsin if their involvement contributed to the defect or the harm caused.

What should I do if I am injured by a dangerous product?

Seek medical attention immediately, preserve the product and any packaging, take photographs, and contact a lawyer before dealing with the manufacturer or their insurer.

What damages can I recover in a dangerous product lawsuit?

Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, disability, and sometimes punitive damages if misconduct was involved.

How long do I have to file a dangerous product claim in Wisconsin?

You generally have three years from the date of injury to file a product liability claim in Wisconsin, but it is best to consult a lawyer as soon as possible.

What is strict liability in product cases?

Strict liability means that you do not have to prove the manufacturer was negligent, only that the product was defective and the defect caused your injury.

What are common examples of dangerous products?

Automobiles, medical devices, toys, household appliances, power tools, food products, medications, and construction materials frequently become the subject of product liability claims.

What if I was using the product differently than intended?

If your use was unforeseeable or contrary to provided instructions, your compensation could be reduced or denied, depending on the circumstances and comparative fault.

Can I sue for damages if the product was recalled?

A recall does not prevent you from filing a claim. In fact, a recall may help support your case by demonstrating known product issues.

Do I need to prove the manufacturer knew about the danger?

Not always. Under strict liability, proving knowledge of the defect is not required, though it can increase the chances of a successful claim or higher damages.

Additional Resources

If you are looking for further information or support, consider contacting these Wisconsin and national organizations:

• Wisconsin Department of Agriculture, Trade and Consumer Protection - Offers consumer complaints and safety information about goods sold in the state.
• United States Consumer Product Safety Commission - Federal agency regulating product safety, handling recalls, and gathering injury reports.
• Wisconsin State Bar Lawyer Referral and Information Service - Helps connect individuals with qualified product liability attorneys.
• Local County Legal Aid Services - Provides limited free legal assistance for qualifying low-income individuals facing product injury issues.

Next Steps

If you or someone you know has been harmed by a dangerous product in Wisconsin, consider taking the following actions:

• Promptly seek necessary medical treatment for injuries.
• Keep the product, packaging, manuals, receipts, and proof of purchase.
• Document the injury and any related expenses with photos and written notes.
• Avoid discussing the incident or agreeing to settlements with insurance companies before speaking to an attorney.
• Contact a Wisconsin attorney who specializes in dangerous product law for a free or low-cost consultation to discuss your options.

Pursuing legal action can be daunting, but with the right guidance and resources, you can protect your interests and seek the compensation you deserve.