Wisconsin residents have the right to trust that any commercial product they purchase is safe to use. Businesses that cut corners when designing or manufacturing goods can end up bringing a faulty product to market — and if those defects hurt someone, victims could have grounds to file a product liability claim against the responsible party.
Unfortunately, holding Big Business accountable for their defective products can be challenging because corporations have immense resources to fight any legal action. If you’ve been hurt, the Wisconsin defective product attorneys at LawtonCates can help you fight this battle and seek compensation for your injuries and related losses. Call us today or complete our contact form for a free consultation.
Why You Need Our Law Firm After a Defective Product Injury
Choosing the right law firm is crucial for product liability claims. Suing a company is more difficult than suing an individual, and businesses will invest significant sums of money to hire tough corporate defense lawyers to fight your claim. You need a law firm with seasoned legal professionals who have the skills, grit, and proven results to position your case for the best possible outcome.
With over 65 years of experience handling complex personal injury cases in South-Central Wisconsin, LawtonCates is a trusted advocate for injured people — and we never accept an insurance company’s first settlement offer.
Unlike many other personal injury law firms, we don’t churn through cases. Our lawyers take the time to prepare a persuasive legal claim that demands nothing less than full and fair compensation for our clients’ defective product injuries. We also have strong working relationships with industry-leading experts in many fields, enhancing our ability to handle the toughest cases.
Finally, LawtonCates earned the AV-rated “Preeminent Lawyers” distinction from Martindale-Hubbell, a testament to our high standards. Judges, defense attorneys, and insurers throughout Wisconsin recognize us as a firm that won’t settle for less than what our clients deserve. And with our “no fee unless we win” policy, you can pursue justice without financial risk.
What Are Defective Products Claims?
When a person sustains an injury due to a malfunctioning product or one that fails to meet safety standards in Wisconsin, they could be entitled to file a defective product claim. Product liability laws aim to hold manufacturers, designers, or sellers accountable for releasing unreasonably dangerous or improperly made products.
To recover compensation in a defective product case, you must show that the product had a defect or flaw that made it unsafe to use as directed.
Examples of Defective and Dangerous Products
Several types of product defects could give rise to a legal claim. Generally, they fall within three categories:
- Design defect – Flaws in the design of the product that make it unreasonably unsafe to use
- Manufacturing defect – Problems that arise in the manufacturing process, increasing the risk of injury to a consumer
- Marketing defects – Inaccurate or misleading labeling about the inherent risks of using the product, also called “failure to warn”
Product liability cases often arise in consumer products like:
- Automobiles
- Household appliances
- Children’s toys
- Prescription medications
- Power tools
- Foods
- Chemicals for agricultural use, like Roundup
What Steps Should I Take After a Defective Product Injury?
Seek medical treatment immediately after any injury involving a commercial product. Once you’ve received medical care, follow these steps to strengthen your defective product liability claim:
- Preserve the product – Keep the defective item in its original condition, if possible. It will be essential evidence to demonstrate the product’s flaws and connection to your injuries.
- Document the scene – Take photos of the product, any packaging, and your injuries. This visual evidence can help demonstrate the impact of the defect and may support your case.
- Save receipts and warranties – Keep any purchase receipts, warranties, or user manuals. These documents show when and where you bought the product and may help link it to the manufacturer.
- Record your medical treatment – Maintain a detailed record of your medical visits and treatments. You must have proof of an injury to win a personal injury case.
- Consult a Wisconsin defective products lawyer – An attorney with experience handling product liability cases can evaluate your situation, guide you through the legal process, and help you pursue fair compensation.
How Do You Prove a Defective Product Case?
To win a products liability claim, you and your legal team must prove that the product that caused your injury was flawed or unreasonably dangerous.
Under Wisconsin product liability law, there are three main categories of product liability cases:
- Strict liability – This principle allows a manufacturer or seller to be held responsible for a defective product even if they didn’t act negligently. This means you don’t need to prove intentional wrongdoing — only that the product was faulty and the defect led to your injury.
- Breach of warranty – Warranty claims arise when a manufacturer or seller violates an express or implied warranty on the product, leading to an injury.
- Negligence – Product designers, manufacturers, and distributors have a legal duty to develop and sell products that do not pose unreasonable risks to the consumer when used correctly. An injured party can file a negligence claim against them when they fail in that duty.
Working with an experienced product liability attorney from LawtonCates can help you present a compelling case to the at-fault party’s insurance company.
Why Is It Important to Hire a Defective Product Lawyer?
There are a few key reasons to hire an experienced attorney for your Wisconsin defective product case.
First, a lawyer can assess all your losses to maximize your claim’s value.
Second, attorneys know how to negotiate with insurers and fight common tactics used to deny your claim or reduce your compensation.
Third, a lawyer can help your case proceed smoothly and ensure you meet all the necessary deadlines.
Finally, an attorney can represent you during settlement negotiations or at trial to improve your chances of obtaining maximum compensation.
Contact Our Wisconsin Defective Products Lawyers Now
You have the right to fair compensation if you sustained injuries due to a defective or dangerous product in Wisconsin. Call or contact the experienced defective product attorneys at LawtonCates now for a free case evaluation.