Were you injured by a defective product in Wisconsin? If so, you could be entitled to compensation for your harm. But you need legal representation to effectively pursue the financial relief and justice you deserve. You need a compassionate Wisconsin product liability attorney from Schwaba Law Firm.
Andrew Schwaba will help recover damages for all of your financial and personal losses from a defective product injury. He is committed to holding the responsible parties accountable and zealously advocating for injury victims’ rights. Andrew works tirelessly to help clients rebuild their lives with meaningful compensation.
Contact Schwaba Law Firm to learn more about your legal options at a free, confidential case review and consultation.
What Does Product Liability Mean?
Product liability refers to a manufacturer’s or seller’s legal responsibility for any damage or injury caused by its defective or dangerous products. Consumers can sue the responsible party for compensation if a product fails to perform as intended or presents unexpected dangers that cause harm. Product liability can apply to all parties involved in a product’s supply chain, from its design and manufacture to its distribution and sale.
Product liability laws hold manufacturers and sellers accountable and incentivize them to ensure their products are safe for use. They also provide legal recourse for consumers injured or suffering other damages due to defective products. This is based on the expectation that products on the market should be safe for use and free of preventable hazards.
Product liability claims are typically categorized into three primary types:
- Manufacturing Defect Claims – These claims arise when a product is defectively manufactured or produced. In these cases, the product is dangerous or harmful because it deviates from the manufacturer’s design or specifications.
- Design Defect Claims – These claims concern inherently dangerous or defective products, even if they are manufactured correctly. The problem lies not in the production process but in the product’s fundamental design.
- Failure-to-Warn Defect Claims – These claims involve failing to provide adequate warnings or instructions for a product’s use. This might include inadequate safety warnings, insufficient instructions, or a failure to inform consumers about the potential risks of using the product.
What Are Common Examples of Defective Products?
Dangerous defects can affect all types of products in many different ways. Here are some common examples of defective products that could give rise to product liability claims:
- Defective medical devices
- Metal-on-metal hips
- Cobalt orthopedic devices
- Defective breast implants
- Defective lithium-ion batteries
- Defective insulin pumps
- Cars with faulty brakes
- Defective airbags
- SUVs prone to rollovers
- Faulty ignition switches in vehicles
- Car tires prone to blowouts
- Lead-based paints
- Faulty electrical appliances
- Power tools without proper safety guards
- Malfunctioning medical devices
- Dangerous pharmaceutical drugs
- Flammable clothing materials
- Faulty sporting equipment
- Defective furniture prone to collapse
- Faulty construction equipment
- Defective personal protective equipment (PPE)
- Unsafe or ineffective cleaning products
What Are the Different Kinds of Defective Product Liability Claims?
Product liability claims are often based on one of the following legal theories:
- Strict Liability – This legal theory holds a defendant liable for harm without requiring proof of negligence or fault. In product liability, a plaintiff can hold a manufacturer liable if their product is defective and harmful, even if they didn’t act negligently.
- Negligence – Under this theory, a plaintiff must show that the defendant had a duty to sell a safe product, they failed in this duty by selling a product with a defect, and this failure caused the plaintiff harm.
- Breach of Warranty – In a product liability case, a breach of warranty happens when a product fails to live up to the manufacturer’s claims or promises (warranties), and this failure leads to harm. There are two kinds of warranties: express and implied. Express warranties are explicit promises the manufacturer makes about a product (for example, “This car gets 35 miles to the gallon”). Implied warranties are unwritten and unspoken promises that a product will function as a reasonable consumer would expect.
What Compensation Can I Recover for Defective Product Injuries?
With a successful product liability lawsuit or insurance claim, you could recover money for the following types of injury-related losses:
- Medical expenses
- Future medical costs
- Lost income
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement or physical impairment
- Loss of enjoyment of life
- Loss of consortium or companionship
- Property damage costs