Product Liability Attorney in Janesville & Beloit, Wisconsin

Suffering injuries from faulty products can be traumatic and expensive experiences. That is why getting fair compensation for harm caused by defective products is essential. In the United States, 11.7 million people required emergency medical interventions due to a consumer injury in 2021. 

At the Paul Benson Law Firm, we take product liability seriously. We believe in providing harmed consumers with the legal representation they deserve and need. We strive to help those in Janesville, Beloit, and Rock County, Wisconsin, seek fair compensation for their defective product injuries. Reach out today for our support.

Product Liability in Wisconsin 

Product liability is a legal concept that holds manufacturers, distributors, and sellers responsible for any harm caused by their defective products. In Wisconsin, product liability laws provide consumers with legal recourse if they are injured or suffer damages due to using a defective product.

Three types of product defects can give rise to product liability claims: design defects, manufacturing defects, and warning defects. 

Design Defects 

Design defects occur when a product is inherently dangerous due to its design, even when manufactured and used properly. 

Manufacturing Defects 

Manufacturing defects occur when a product is designed properly but an error or defect occurs during the manufacturing process that makes the product unsafe. 

Warning Failure 

Warning failures occur when a product lacks sufficient warnings or instructions and a reasonable user would not be aware of the potential dangers. 

Elements Required for a Product Liability Claim in Wisconsin 

To succeed in a product liability lawsuit in Wisconsin, the affected party must prove that the product was defective and that it caused injury or damages. They must also show that the product was being used as intended or in a foreseeable manner. 

The affected party must establish the following elements: 

Product Defect 

The victim must show that the product was defective and unreasonably dangerous at the time it left the manufacturer or seller’s control. As mentioned, there are three types of product defects that can lead to a product liability claim: design defects, manufacturing defects, and warning defects. 

Causation 

The affected party must establish that the defect in the product caused their injury or damage. This requires showing that the injury or damage would not have occurred if not for the defect in the product. 

Product Use 

The injured party must establish that they were using the product as intended by the manufacturer or in a foreseeable manner. 

Damages 

The victim must show that they suffered damages due to the defect. This situation can include physical injuries, property damage, lost wages, and other economic or non-economic losses. 

Filing a Product Liability Claim in Wisconsin 

It is important to comply with Wisconsin’s statute of limitations for product liability claims, which limits the time frame for bringing a lawsuit after the injury or damage occurs. The statute of limitations in Wisconsin varies depending on the type of defect, the nature of the injury or damage, and other factors. On the whole, defective product victims have three years to file a personal injury claim resulting from product liability. However, in some cases, the statute of limitations may be extended. 

A successful product liability claim can lead to the following damages awarded. 

Compensatory Damages 

These damages are meant to compensate the plaintiff for their losses, such as medical expenses, lost wages, property damage, and pain and suffering. 

Economic Damages 

These damages are meant to compensate the plaintiff for financial losses due to the defect, such as lost income or profits, loss of earning capacity, and future medical expenses. 

Non-Economic Damages 

These damages are meant to compensate the plaintiff for non-financial losses, such as physical pain and suffering, emotional distress, and loss of enjoyment of life. 

Punitive Damages 

These damages are meant to punish the defendant and deter similar conduct in the future. Punitive damages are only available in cases where the defendant’s conduct was particularly egregious or reckless. 

It’s important to note that Wisconsin has a cap on non-economic damages in product liability cases, which is currently set at $750,000. However, this cap does not apply to economic damages, and it does not apply if the liability party’s conduct was willful, wanton, or reckless.