WHO IS LIABLE FOR A DEFECTIVE PRODUCT?
It can be hard to determine who is responsible for injuries resulting from products. If you have been injured after using a product or piece of equipment, you may have a case for product liability.
Seek legal counsel if you’ve experienced an injury caused by:
- A product that was defectively designed
- A product that was defectively manufactured
- A product that was incorrectly labeled
- A product that did not provide sufficient warnings or instructions to describe the safe and proper use
A skilled product liability attorney understands the laws in Wisconsin and can help determine the liability and the payments owed to the injured. The product injury lawyers of Habush Habush & Rottier S.C. are here to help you with your product injury claim.
To discuss the details of your situation, contact us at 800-2-HABUSH (800-242-2874) today.
What does product liability mean?
The term “product liability” refers to the creator or seller of that product taking responsibility for the injuries their products have caused. Many different government entities cover recalls, including the National Highway Traffic Safety Administration (NHTSA) and the Food and Drug Administration (FDA). When it comes to children’s products, most recalls are handled by the US Consumer Product Safety Commission (CPSC).
What do Wisconsin state laws say about product liability?
In Wisconsin, product liability claims can be due to negligence, breach warranty or general consumer protection claims. Wisconsin state courts also acknowledge “strict liability” wherein the plaintiff is required to provide different evidence, compared to lawsuits based solely on claims of negligence. Strict liability means the defendant’s product or circumstance failed to meet standards, regardless of fault or negligent behavior.
Strict liability cases state that the manufacturer, seller or distributor is liable for personal injury cases if you can prove:
- The product was unsafe or unreasonably dangerous
- The seller expected and intended that the product would reach the consumer without changes to the product
- The plaintiff was injured by the defective product
What are the most common types of product injuries?
Unfortunately, defects, mislabeling, poor marketing and negligence are common and can happen at any level of production—from creating a flawed design and using the wrong materials on the manufacturing floor to publishing misleading claims in advertising.
Common examples include:
- Pharmaceutical products
- Child care products
- Construction equipment
- Defective hip implants
- Farm equipment
- Household products
- Medical devices
- Car seats
- Vehicle components (computer errors & tire blowouts)
Why should I contact a product liability attorney?
Defective products can cause any number of injuries, resulting in medical expenses and loss of income. Medical complications, pain and suffering, changes in quality of life can be ongoing consequences of a product injury. Common injuries, from even benign household products, include:
- Broken bones
- Disfigurement or dismemberment
- Spinal cord injury or paralysis
- Loss of sight or hearing
- Loss of motor skills and muscle dexterity
Product defects are not always immediately publicized, and some health effects are not fully known until some time has passed, so it is important to discuss your case with an attorney as soon as possible. They can investigate the product, contact industry experts, work with your medical care team, and determine whether or not you have a legal claim.
A product liability lawyer can help you get the compensation you deserve and prevent the product from injuring other people.
The product injury lawyers of Habush Habush & Rottier S.C. are here to help you with your product injury claim. To discuss the details of your situation, contact us at 800-2-HABUSH (800-242-2874) today.