Warshafsky Rotter Tarnoff Bloch, S.C.

How to Report an Injury Caused by a Defective Product

Madison Product Liability Attorneys Sue Negligent Companies for Personal Injuries Caused by Faulty Goods

Imagine you’re driving along and a manufacturing defect in your car causes you to spin out and crash, injuring you and your passengers. Or you follow every safety precaution while using a circular saw, but a design flaw leads to the loss of a finger. In cases like these where a defective product caused an injury – or a death – you need a Madison product liability law firm with a powerful reputation by your side.

Some product defects are annoying and inconvenient, but harmless. For these, your best bet is usually to simply write a complaint letter to the company. For everything else, you’ll only get the financial compensation you deserve by filing a product liability lawsuit against the company at fault.

Whether you’re suing the manufacturer, distributor, supplier, or retailer who sold you the product, you can expect to receive a check in the mail for far less than you really deserve. It may be tempting to deposit the check so you can pay off your medical bills and other expenses, but if you do, you give up the right to sue for more. And you can sue for more. The personal injury lawyers at Warshafsky’s Madison office have decades of experience getting the maximum compensation for those injured by faulty products.

Proving Product Liability When a Defective Product Causes Injury

Madison Product Liability AttorneysThere are three types of product liability claims for defective goods:

  • Defective Manufacturing: The product’s flaw came from a manufacturing error.
  • Faulty Product Design: The product’s design was inherently dangerous or flawed.
  • Failure to Warn: The product did not come with adequate instructions or warnings for safe use.

Lawsuits can be brought against manufacturers, distributors, or sellers of flawed products. Whichever type of product liability claim you pursue, you must prove the following elements in order to be successful:

  1. The product was defective
  2. You were using the product as it was intended to be used
  3. You suffered an injury or other damages (such as property damage)
  4. The defect caused the injury

In Wisconsin, you may also have to propose a reasonable alternative design which would have made the product safer. Our product liability attorneys have years of experience investigating faulty products and finding safer design options.

So what does not qualify for a product liability claim?

  • Getting cut by a sharp kitchen knife that is not defective
  • Hurting yourself when the bookcase you were using as a ladder collapses
  • Almost but not quite getting burned by a faulty hairdryer
  • Crashing your car while driving recklessly in a vehicle with faulty brakes

In each of these cases, one of the elements of the claim is not met.

If you’ve been injured because of a product’s defect, or if you’re not sure your injury qualifies for a product liability claim, schedule a free case assessment. We’ll take a look at the circumstances of your injury to determine whether you have a strong case and how much you could stand to gain in compensation.

INJURED? It IS About The Money.®

How Does a Recall Affect a Product Liability Claim?

A manufacturer may discover the defect and voluntarily recall the faulty product, or the FDA or CPSC may issue a recall. You may think, “If the manufacturer is admitting the product is defective, I should automatically win the lawsuit!” Not so. Even if the product is recalled, you still have to prove each element of your claim. In some courts, the recall may be used as evidence the product was flawed, while other courts don’t allow the recall as evidence because it could prejudice the jury.

At the same time, a manufacturer is not off the hook for a defective product simply because a recall was issued. They would have to prove you specifically were notified of the recall and of the dangers of the product.

Personal Injury Lawyers Madison Trusts for Defective Product LawsuitsOther product liability and personal injury attorneys are out to make a quick buck by accepting low settlement offers from the opponent’s insurance company. Neither side wants to deal with the time and expense of a trial, and your “sign and settle” lawyer wants to get your case out of the way and move on to the next.

The Madison personal injury attorneys at Warshafsky Law won’t hesitate to take your claim to court if that’s what it takes to get fair compensation. With every case we take on, we’re prepared to go to trial, and insurance companies know it. When Warshafsky appears on the scene, insurance companies tend to offer much higher settlements. If the offer still isn’t good enough, we’re willing to take it to a judge and jury.

No Upfront Cost and No Fee Until You Win

Free Legal Representation? No Risk? Is that even possible? It sounds made up, doesn’t it? Let’s walk through it: A free consultation with one of our skilled, experienced attorneys, where we assess your case and discuss your options. Once you hire us, there are no monthly bills, retainer fees, or other expenses – we fully fund your case from beginning to end. Only once a settlement or judgement is reached do we get paid.

One more time: we don’t get paid until you do.

Let’s say it another way: No Fee Until You Win. This also means if there’s no compensation for your injury, you don’t pay us a thing.

So why wait? Schedule your free, no-risk, no-obligation consultation today.

Contact our Madison product liability attorneys for injuries caused by defective products.

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