Each day, Americans come into contact with countless consumer products. The phones they use, the cars they drive, the prescription drugs consumed, and the food they eat can all be considered consumer goods. Consumer products are regulated so that they do not cause undue harm. Unfortunately, many consumers are still wrongly injured every year due to failures in manufacturing, design and marketing of products. The Wisconsin product liability attorneys at Cannon & Dunphy, S.C. can help you build a winning case.
Each day, Americans come into contact with countless consumer products. The phones they use, the cars they drive, the prescription drugs consumed, and the food they eat can all be considered consumer goods. Consumer products are regulated so that they do not cause undue harm. Unfortunately, many consumers are still wrongly injured every year due to failures in manufacturing, design, and marketing of products.
If you were wrongly injured by a defective product, contact a Milwaukee personal injury attorney at Cannon & Dunphy, S.C. Our Wisconsin product liability attorneys can help you build a winning case.
Manufacturing, Design, and Marketing Defects
Manufacturing defects occur when a product is constructed in an unintended way. Typically, this type of defect is the result of the product not being manufactured in accordance with the product’s design.
Design defects occur when a product is manufactured as intended, and the end product is unreasonably dangerous. Proving a design defect requires demonstrating that the product’s design flaws make the product defective and unsafe for regular consumer use. To prove that a product’s design is defective, you need to demonstrate to the court that there is a reasonable alternative design that would have reduced the risk of injury.
Manufacturers are responsible for ensuring that consumers are warned about product dangers that are not obvious and apparent. Marketing defects are generally the result of a failure to warn of potential product dangers or failing to provide necessary instructions for safe product use.
Defenses to Wisconsin Product Liability Allegations
Common defenses raised by manufacturers and sellers in product liability cases include:
- The plaintiff was intoxicated when using the product, and his or her intoxication, not a product defect, caused the injuries.
- The product complied with standards, conditions, or specifications adopted by a federal or state agency.
- Injuries and damages sustained were caused or partially caused by the plaintiff’s misuse or otherwise negligent conduct.
- The product’s inherent danger would be recognized by an ordinary person with ordinary knowledge common to users of the product.
- The seller or distributor defendant is not liable because he or she received the product in a sealed container and had not had a reasonable opportunity to inspect or test the product.
- The product was manufactured 15 or more years ago, and it did not come with a 15 or longer year warranty.
Protecting Your Rights to Compensation
If you have been injured by a dangerous and defective product, it is important to protect your claim for compensation. Keep all evidence of your injuries and damages, including the defective product, product packaging, and receipts. Your claim must be filed within the applicable statute of limitations, or you risk losing your right to collect compensation.
Succeeding in product liability cases can be difficult, especially when the defendant’s insurance company and attorneys are involved. However, if you have an attorney representing your interests, you are more likely to recover full and fair compensation for your losses.
Your Wisconsin product liability lawyer will investigate your claim by interviewing witnesses, looking into other injury incidents involving the same product, and negotiating with insurance companies. Insurance companies want to keep their claims low, and they also want to avoid going to trial. Our attorneys are not intimidated by large corporate defendants and their insurance companies. If they refuse to agree to reasonable settlement terms, our attorneys will be prepared to take your case to trial.
Contact Our Milwaukee, Wisconsin Products Liability Attorney Today
When a product causes serious and significant injury or complications, you may be entitled to receive compensation, such as lost wages, medical bills, pain and suffering, and other losses. At Cannon & Dunphy S.C., our product liability lawyers in Wisconsin understand the difficulty you may be facing after an injury such as this.
Our goal is to develop a personalized strategy for your case and to ensure that you receive the compensation that you deserve if you were wrongly injured by a dangerous or defective product.
Call our firm at (262) 782-2700 for a free consultation.