Madison Personal Injury Attorneys for Ladder and Stepstool Lawsuits
Warshafsky Law on Defective and Dangerous Product Injury Claims
According to statistics from the Consumer Product Safety Commission, over 100,000 people are injured per year in falls from ladders, stepladders and stepstools, and there are over 300 deaths. While many of these accidents are caused by improper or careless use of these products, there are numerous incidents caused by defective or poorly designed ladders and stepstools, as well as by improperly maintained ladders in places of employment.
If you or someone you care about has been injured falling off a ladder, either in the workplace or at home, the Madison personal injury attorneys of Warshafsky Law can help you recoup your medical costs, time lost from work and possibly even punitive damages.
Defective Ladder and Stepstool Product Liability
There are literally thousands of incidents in which ladders, stepladders and stepstools suddenly and unexpectedly fail while in use. Although you may think the only serious injuries occur when someone is up high on a ladder, even a fall from step stools can result in serious injury—particularly if the person who falls is elderly. Common injuries in falls from ladders and stepstools include:
- Broken arm
- Broken collarbone
- Broken hip
- Head injury
- Knee or foot injury
- Back injury
There is no federal law governing cases involving product liability. Instead, each state has its own guidelines for litigating such cases. In Wisconsin, our product liability law underwent a drastic change a few years back with the enactment of the 2011 Wisconsin Act 2, which added three new provisions to chapter 895 of the Wisconsin product liability law.
- First, the new product liability law replaces the “consumer expectations” test of defectiveness with a much more specific requirement that a plaintiff present a “reasonable alternative design” for the defective product—one which would have reduced the risk of harm.
- Second, the Act makes several defenses available to manufacturers, allows for a reduction of recovery based on how much fault can be attributed to the plaintiff, and limits claims brought against sellers and distributors.
- Third, the Act limits the rarely used “risk contribution” theory in product liability suits, making it virtually impossible to impose liability when a plaintiff is unable to identify the specific product responsible for the injury.
Establishing liability in cases alleging defective or unsafe products has always been an area of law requiring considerable research, both into case law and into the details of product design and manufacturing. The imposition of a new test of defectiveness, one which requires a plaintiff to present a reasonable alternative design to the court virtually necessitates the involvement of outside experts.
Naturally, these changes make it more difficult for plaintiffs to prevail and necessitate far more thorough presentations. Now more than ever, it is essential to have the best Madison personal injury attorneys possible. Warshafsky Law has extensive experience procuring expert witnesses and can find the appropriate parties to develop the reasonable alternative product designs necessary for winning your case.
Madison Personal Injury Attorneys vs. “Settlement Mill” Law Firms
Often, people who have been injured by unsafe or defective products are advised by their law firm to settle with the insurance company representing the product manufacturer. These “sign and settle” law firms make their living—and a very good one, at that—without ever having to try a case before a judge and jury. Maybe you’ve heard their commercials boasting about how many cases they settle every year.
Trouble is, when a law firm is quick to settle with an insurance company you can bet they don’t have your best interests at heart. Insurance companies know which law firms will take any lowball offer they put on the table. And they know which firms will tell them “See you in court!” If you want someone who’s going to fight for every dollar you’re due, you want our Madison personal injury attorneys on your side.
INJURED? It IS About The Money.®
Over the years, Warshafsky Law has built an enviable reputation as one of the winningest personal injury law firms in Wisconsin. Because we prepare every case from day one as though it WILL go to trial, and because we are willing to fight long and hard for our clients, we have secured some of the highest judgments and settlements in Wisconsin history.
Some cases, known as Society Changing Judgments, cause businesses, manufacturers, and industries to strengthen their standards, for the safety of all of society. Besides winning huge sums for our clients, we also have the distinction of effecting sweeping changes in the manufacture of products—changes that benefit society at large.
The Best Personal Injury Attorneys in Madison—At No Upfront Cost to You!
If you’ve ever felt the deck was stacked against you because there is no way you can afford to pay a high-priced attorney, relax. With Warshafsky Law, there is no retainer fee and no monthly bills. You don’t pay us until your case has been resolved through adjudication or settlement and you’ve received your compensation. And in the highly unlikely event there is no financial award in your case, you don’t owe us a thing.
Why not take advantage of our free initial consultation offer? You’ll meet with one of our Madison personal injury attorneys, who will give an honest assessment of your case, explain what’s involved in pursuing a personal injury claim, and what sort of compensation you can expect.