Wisconsin Law On Strict Liability
In Wisconsin, If you believe you were injured due to a defective or unreasonably dangerous product, you may have a product liability claim. Product liability claims can be pled as negligence, strict liability, or breach of warranty actions.
Read more: What is Product Liability?
Strict Product Liability:
A product is defective if it contains a manufacturing defect, is defective in design, or is defective because of inadequate instruction or warnings. A product contains a manufacturing defect if the product departs from its intended design, even though all possible care is exercised in the manufacture of the product. A product is defective in design if the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design and the omission of the alternative design renders the product not reasonably safe.
The plaintiff has the burden of proving:
- The defective condition rendered the product unreasonably dangerous to persons or property
- The defective product existed at the time the product left the control of the manufacturer
- The product reached the user or consumer without substantial change in the condition in which it was sold
- The defective condition was the cause of the claimant’s damages
An important and interesting thing to remember is that a manufacturer can do everything right in regard to design, testing, and manufacturing and still be liable for strict product liability if the injured party can prove that a foreseeable risk of harm, that is posed by the product, could have been reduced or avoided by the adoption of a reasonable alternative design.
Read more: Types of Personal Injury Claims
Negligence:
This occurs when a party within the supply chain (a manufacturer, retailer, distributor, or wholesaler), falls below the standard of care in designing, constructing, inspecting, or warning about a product and its uses.
Breach of Warranty:
A warranty cause of action may be pled, arising out of a product failure, although a warranty claim is subject to certain defenses, such as notice, privity, and limitations on recoverable damages. There may exist both an express warranty and an implied warranty in the same sale. The most significant implied warranties relate to merchantability and fitness for the intended purpose.
Should I Hire A Product Liability Lawyer?
If you believe that you have a product liability claim, the best thing to do is to hire a product liability lawyer.
Our product liability attorneys at Habush Habush & Rottier can determine whether you have a legal claim, investigate the product, contact industry experts, and work with your medical care team to provide you the compensation you deserve.
