Injured by a Dangerous or Defective Product? We Fight for Full Compensation.
A serious injury caused by a defective product can permanently change your health, your ability to work, and your quality of life. At Murphy & Prachthauser, we represent individuals and families harmed by unsafe products when the consequences are severe and lasting.
Product liability cases are fundamentally different from routine personal injury matters like rear-end car accidents or slip-and-fall claims. These cases cannot be proven simply by bringing a product into court and testifying that it failed. Under Wisconsin law, product liability claims almost always require engineering evidence, expert testimony, and technical analysis, particularly in design defect cases where proof of a safer alternative design is required.
We understand how frustrating it can be when a product fails and causes unexpected expense or disruption. However, product liability claims are complex and require substantial expert analysis and litigation resources. In cases involving only property damage or economic loss, those costs frequently outweigh the damages that could be recovered.
For this reason, our firm concentrates its product liability practice on cases involving serious bodily injury rather than property-damage-only claims.
Key Takeaways
- Claims may arise from design defects, manufacturing defects, or failures to warn; a recall can signal a problem but isn’t required.
- Manufacturers, distributors, and retailers may share responsibility under strict liability, negligence, or breach of warranty theories.
- Recoverable damages can include medical expenses, lost wages and earning capacity, pain and suffering, property damage, out-of-pocket costs, and, in appropriate cases, punitive damages.
Our Client-First Approach to Product Liability Cases
Product liability cases are different from most personal injury claims. Proving that a product was defective and caused serious harm usually requires careful investigation and the involvement of experienced technical experts. To build strong cases, we often invest significant resources early on, which may include:
- Engineering review and failure analysis to determine how and why the product failed
- Purchasing and examining exemplar products for comparison and testing
- Researching and demonstrating safer alternative designs when required by law
- Laboratory and materials testing to confirm defects and rule out other causes
- Consulting with qualified engineers and technical experts who can clearly explain the evidence
This level of preparation allows us to fully understand what went wrong and to present clear, credible proof of liability. It also helps level the playing field when we are up against large manufacturers and well-funded insurance companies.
Because product liability cases require this depth of work, we focus our practice on cases involving serious injuries where the evidence and damages justify that investment. When we accept a case, it means we believe in the claim and are prepared to commit the time, resources, and expertise needed to pursue the strongest possible outcome.
What counts as a dangerous or defective product?
Under Wisconsin law, product defects generally fall into three categories:
- Design defects, where the product is unreasonably dangerous as designed, such as a heater without an adequate tip-over shutoff
- Manufacturing defects, where a specific unit or batch departs from its intended design, such as a helmet made with substandard materials
- Failure-to-warn defects, involving inadequate instructions or warnings about non-obvious risks, such as dangerous drug interactions
Defective products can include vehicles and auto components, medical devices, industrial equipment, power tools, and household products. However, a defect alone is not enough. To pursue a viable product liability claim, the defect must cause a significant physical injury, and the claim must be supported by expert analysis and technical evidence.
A product recall may indicate a defect, but it is not required. Likewise, compliance with regulations does not automatically shield manufacturers from liability.
Who can be held responsible for a defective product?
Liability may extend across the entire supply chain, including:
- Manufacturers and component makers
- Distributors and wholesalers
- Retailers and sellers
Wisconsin product liability claims may proceed under strict liability, negligence, or breach of warranty theories. Identifying every responsible party is critical, both for proving fault and for maximizing available insurance coverage.
Because these cases hinge on technical proof, early evidence preservation is essential, including securing the product in its post-incident condition and maintaining a clear chain of custody for expert testing.
| Party |
Role in the supply chain |
Potential legal theories |
Examples of helpful evidence |
| Manufacturer (including component makers) |
Designs, tests, and builds the product or its parts |
Strict liability; negligence (design, testing, manufacturing); breach of warranty |
Design files, test data, quality control records, batch/lot numbers, prior complaints |
| Distributor/Wholesaler |
Transports and markets the product between manufacturer and retailer |
Strict liability; negligence (handling, storage) in limited circumstances; breach of warranty |
Shipping records, storage conditions, recall/notice communications, contracts |
| Retailer/Seller |
Sells the product to consumers or businesses |
Strict liability; breach of warranty; negligence in limited contexts |
Sales receipts, product display/instructions, point-of-sale warnings, prior incident reports |
Damages: what “full compensation” can include
Product injuries can generate extensive medical expenses: from emergency care and hospitalization to rehabilitation, medications, assistive devices, and future surgeries. We work with your providers and independent experts to document both past bills and anticipated future care so nothing is left out.
Lost wages and diminished earning capacity are also compensable. Whether you missed weeks of work, had to change roles, or can no longer perform your prior occupation, we quantify the financial impact with payroll records, employer statements, and, where appropriate, vocational and economic analyses.
Non-economic damages matter, too. Pain, suffering, emotional distress, and loss of enjoyment of life are real losses. Property damage, replacement costs, and other out-of-pocket expenses are recoverable as well. In appropriate cases involving egregious conduct, Wisconsin law may allow punitive damages to deter similar misconduct. While no lawyer can guarantee results, careful documentation strengthens every aspect of your claim.
How a product liability case works in Wisconsin
Understanding the process removes uncertainty and empowers informed decisions. We begin with a free consultation to learn what happened, review your injuries, and identify immediate steps to protect evidence. If we take your case, there are no upfront costs; our fee is contingent on a successful outcome.
Our process typically includes:
- Free consultation and case evaluation
- Immediate evidence preservation and notice to involved parties
- Expert review and, when appropriate, defect testing
- Filing the claim and engaging insurers and defense counsel
- Discovery: exchanging documents, depositions, and expert disclosures
- Settlement negotiations, mediation, or trial, depending on your goals
Investigation is comprehensive. We secure the product, packaging, and related materials, interview witnesses, and consult qualified experts to analyze the design, manufacturing process, warnings, and failure modes. When appropriate, we coordinate defect testing and maintain chain of custody to preserve admissibility.
Once we have a foundation of evidence, we file claims against all responsible parties and manage communications with insurers. Throughout, we keep you informed, explain options, and align strategy with your goals, whether that’s timely resolution or pursuing a verdict at trial.
Litigation proceeds through discovery, depositions, and motion practice. Many cases resolve through negotiation or mediation; others proceed to trial. We prepare every matter as if it will be tried, which often drives better settlements while positioning us to present a compelling case to a jury if needed.
Deadlines and key Wisconsin and Milwaukee legal considerations
Product injury cases are governed by statutes of limitations, which means there are strict time limits on filing claims. See this link for more information on Milwaukee and Wisconsin Product Liability statutes. Waiting can jeopardize your rights, especially if crucial evidence is lost or a deadline passes. Because timelines can vary based on the facts and parties involved, consult an attorney promptly to understand which limits may apply to your case.
Early notice and evidence preservation are essential. Keep the product, packaging, manuals, receipts, and any recall notices; document the scene and your injuries; and avoid repairs or alterations before a qualified expert can inspect. Preserving a clear chain of custody helps establish how and why the failure occurred.
Wisconsin’s economic loss doctrine primarily restricts tort claims seeking only commercial losses for defective products, but it generally does not bar claims for personal injury or damage to other property. Understanding this doctrine helps tailor claims to the right legal avenues.
Comparative negligence may affect recovery if multiple factors contributed to the incident. Your compensation can be reduced to reflect any share of responsibility assigned to you, and recovery can be barred if your percentage of fault exceeds that of the parties you sue. A recall or regulatory compliance does not automatically eliminate liability; it is one factor among many in evaluating whether a product was unreasonably dangerous.
Act quickly. Deadlines and evidence rules are unforgiving, and early legal guidance can preserve critical rights in a Wisconsin product liability case.
Evidence that strengthens a defective product claim
Strong cases start with strong proof. Preserving the product in its post-incident condition allows engineers and other experts to analyze failure modes, identify defects, and trace responsibility back through the supply chain.
Strong cases depend on strong proof, including:
- Preserve the product, packaging, and labels exactly as they are
- Save receipts, manuals, warranty cards, and any recall notices
- Photograph the product, scene, and your injuries from multiple angles
- Keep medical records, bills, and a detailed expense/lost wage log
- Do not repair, clean, or alter the product before expert inspection
Documentation complements physical evidence. Maintain medical records and bills, a log of expenses and missed work, and photographs of injuries, the product, and the scene. Save manuals, instructions, receipts, serial or lot numbers, and any notices from the manufacturer, retailer, or agencies such as the Consumer Product Safety Commission.
Avoid returning, repairing, or discarding the product before speaking with counsel. Even well-intentioned fixes can alter key features and undermine testing. If you still have the packaging, store everything together and note who has handled the product to protect chain of custody.
Why choose Murphy & Prachthauser’s Milwaukee Product Liability Lawyers for your case
Product liability litigation demands experience, resources, and technical sophistication. Murphy & Prachthauser has the ability to advance the significant costs required to investigate and prove serious product defect cases, working with respected engineers, medical experts, and testing laboratories.
We focus on cases where the injury is substantial and the evidence supports full accountability. Clients choose us for honest evaluations, responsive communication, and trial-ready preparation grounded in Wisconsin law and local court experience.
Free consultation: talk to a Milwaukee product liability lawyer today
If you or a loved one suffered a serious bodily injury due to a dangerous or defective product, contact Murphy & Prachthauser for a free consultation. There are no upfront fees, and we are paid only if we recover compensation.
We offer flexible meetings by phone, video, or in-office and serve clients in Milwaukee and across Wisconsin. Don’t wait! Legal deadlines and evidence rules can be unforgiving. Call, email, or submit our contact form to get started today.