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What A Qualified Wisconsin Personal Injury Lawyer Will Tell You About Product Liability
As consumers we all have a sense of trust that any of the products that we purchase will perform as they should. However, we also know that items can fail on occasion. Some products do not just fail, they can actually cause an injury, or even death, to the consumer. If you or a loved one have suffered an injury due to a product failure you may want to consult with a Wisconsin personal injury lawyer to determine if you have a product liability case.
What To Know About The Four Various Stages Of Product Liability
In 2011, the state of Wisconsin passed the Omnibus Tort Reform Act. Many feel that this legislation is specifically “pro business.” The Omnibus Tort Reform Act limits vendor responsibility when it comes to personal injury.
Despite this added layer of legal protection, consumers still should understand their rights when they have suffered injury or distress when using a specific product. At Eisenberg Law Offices, we work with clients to partner them with a Wisconsin personal injury lawyer best suited for their distinctive case needs. A Wisconsin personal injury lawyer will explain to you the nuances of a product liability case.
According to Wisconsin law, there are four theories of liability to consider before moving forward with the litigation process. These theories include:
Negligence
Did the company behave in accordance with Wisconsin law throughout the manufacturing process? If a company failed to exercise proper and reasonable production, design, and/or assembly care, they may be held responsible for damages suffered by a consumer.
Breach Of Warranty
Breach of warranty theory states that the organization has not lived up to its contractual obligation regarding the product’s quality or type. Should the item fail to fulfill warranty obligations, the seller can be held accountable for breach of warranty.
Misrepresentation
False advertising or using marketing resources to create a deceptive sense of product security can fall into the misrepresentation category. If you can prove that you relied on the advertising claims when using the item, you may have a misrepresentation case.
Strict Product Liability
According to this theory, sellers are liable for failing products that may unreasonably compromise consumer safety. Pursuing this theory means that there is proof that the product was defective and that the defect directly caused unreasonable danger and damages.
Eisenberg Law Offices: Find The Right Wisconsin Personal Injury Lawyer For Your Case
Are you still unsure if your injuries qualify for a product liability case? The team at Eisenberg Law Offices can help. Contact us today to discuss the specifics of your claim with an experienced Wisconsin attorney. We will systematically go through the details of your situation to determine what is best for you. Contact Eisenberg Law Offices today at 608-256-8356 for a free consultation and review of your case.