Understanding Product Liability in Milwaukee
Types of Product Liability Claims
Product liability claims typically fall into two categories:
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- Negligence: Failure to exercise reasonable care during the design, manufacturing, or distribution process.
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- Strict Liability: Focuses on determining whether a product had a defect that caused harm, regardless of negligence.
Each type of claim offers a unique approach to seeking justice and compensation. An experienced Milwaukee product liability lawyer can help determine which type best fits your case.
Legal Obligations of Manufacturers and Retailers
Manufacturers, distributors, and retailers have a duty to ensure their products are safe for consumers. This includes thorough product testing, clear labeling, and prompt action if defects are discovered. When these parties fail to uphold their responsibilities, the consequences can be devastating for consumers. Milwaukee residents deserve to know that the products they use are safe and free from defects. When companies fail in this duty, they can and should be held accountable.
Types of Product Defects
Defective products are generally categorized in three ways: design defects, manufacturing defects, or marketing/labeling defects. Each type presents different challenges and legal implications, making it crucial to have a knowledgeable product liability lawyer who can identify the specific defect involved in your case.
Design Defects
Design defects occur when a product is inherently unsafe due to its design, even if manufactured correctly. For example, a vehicle with a poorly designed braking system can lead to accidents and injuries, regardless of how well it was assembled. These cases highlight failures in the early stages of product development.
Manufacturing Defects
Manufacturing defects happen when errors during production make a product unsafe. Examples include contaminated medications or faulty wiring in household appliances. These defects often stem from lapses in quality control.
Marketing or Labeling Defects
Marketing or labeling defects involve insufficient instructions, warnings, or safety information. For instance, a cleaning product without clear usage directions could cause serious injuries. These cases underscore the responsibility of manufacturers and sellers to provide adequate information to help consumers use their products safely.
Auto Manufacturer
Common product liability cases related to cars and trucks often involve defects that can compromise safety, functionality, or reliability. These cases generally fall into three main categories: manufacturing defects, design defects, and failure to warn (also known as marketing defects). Below are examples of common product liability cases in this context
Design Defects
- Rollover Prone Vehicles: SUVs or trucks with a high center of gravity that are prone to rolling over during sharp turns.
- Fuel Tank Placement Issues: Designs that place fuel tanks in vulnerable locations, increasing the risk of fires during a crash.
- Defective Ignition Switches: Faulty designs that can cause a vehicle to shut off unexpectedly, disabling critical systems like power steering and airbags.
Manufacturing Defects
- Faulty Airbags: Airbags that fail to deploy, deploy too forcefully, or contain shrapnel that can cause injuries.
- Brake Failures: Improperly manufactured brake components leading to accidents.
- Tire Blowouts: Defective tires that can separate or blow out unexpectedly, causing loss of control.
- Malfunctioning Seatbelts: Seatbelts that fail to restrain occupants properly in a collision.
Failure to Warn:
- Lack of Proper Instructions: Failure to provide clear instructions for safe use or maintenance, such as towing capacity limits.
- Inadequate Safety Warnings: Not informing users about known risks, such as overheating or battery fires in electric vehicles.
- Unaddressed Recalls: Manufacturers failing to adequately notify customers about safety recalls.
These cases can lead to significant injuries or fatalities, and victims often seek compensation for medical expenses, lost wages, and pain and suffering through legal action.
Ozempic and Wegovy
Lawsuits against Ozempic and Wegovy have been emerging as more individuals experience severe side effects linked to the use of these medications. These drugs, which are prescribed for weight loss and diabetes management, have been associated with serious health complications such as gastrointestinal issues, pancreatitis, kidney damage, and even cancer.
The basis for legal action against the manufacturers of Ozempic and Wegovy drug products generally focuses on the following key points:
- Failure to Warn: Lawsuits claim that the manufacturers did not adequately warn users about the potential risks and severe side effects associated with these medications.
- Defective Design: Some lawsuits argue that the drugs are defectively designed, meaning that their risks outweigh their intended benefits, especially when proper warnings are not provided.
- Negligence: Legal actions often center on the argument that the pharmaceutical companies were negligent in testing and monitoring the safety of these drugs, failing to identify the risks before releasing them to the public.
- Inadequate Labeling: Plaintiffs contend that the labeling and instructions for Ozempic and Wegovy were insufficient, leaving users unaware of critical health risks.
- Failure to Monitor Side Effects: Manufacturers are also accused of not properly monitoring and reporting the adverse health effects experienced by users, which could have led to earlier warnings or recalls.
Strict Liability in Tort
In Wisconsin, product liability cases often involve strict liability in tort, as outlined in Wisconsin Statutes Section 895.047. This statute holds manufacturers, distributors, and retailers accountable for defective products that cause harm, regardless of whether they were negligent.
Under strict liability, plaintiffs do not need to prove that the defendant was careless; they only need to demonstrate that the product was defectively designed, manufactured, or lacked sufficient warnings, and that this defect caused injury or damage. Lawyers at Murphy & Prachthauser can assist victims in pursuing claims under this law by:
- Evaluating product defects: Determining whether the product was defectively designed, manufactured, or lacked proper safety warnings.
- Establishing strict liability: Helping clients prove that the product defect led directly to the injury, without needing to show negligence.
- Filing a product liability claim: Guiding clients through the legal process to pursue compensation for their injuries.
- Securing compensation: Seeking damages for medical expenses, lost wages, pain and suffering, and other related costs.
- Representing clients against manufacturers: Providing legal expertise in holding companies accountable for unsafe products in Wisconsin.
Jim Murphy, a founding partner of Murphy & Prachthauser, played a key role in developing product liability law in Wisconsin during the 1960s and 1970s, helping to establish the framework for strict liability that is still in use today. If you have been injured by a defective product, the Murphy & Prachthauser law firm can help you navigate the complexities of strict liability in tort to ensure that you receive the compensation you deserve.
Medical Bills and Lost Wages
In Milwaukee, common recoveries related to medical bills and lost wages for product liability claims often include:
- Medical Bills: Claimants can recover expenses for surgeries, hospital stays, physical therapy, prescription medications, and ongoing medical care required due to injuries caused by a defective product. This includes past, current, and future medical costs.
- Lost Wages: Compensation is often awarded for income lost while the claimant was unable to work due to their injuries. In more severe cases, damages may also cover reduced earning capacity if the injuries prevent the claimant from returning to their previous job or limit their ability to work in the future.
These recoveries aim to ensure that victims of defective products are not financially burdened by injuries caused through no fault of their own. For detailed guidance, consulting our Milwaukee product liability lawyers.
Statute of Limitations
The statute of limitations for product liability cases in Milwaukee, Wisconsin, typically falls under Wisconsin’s general personal injury laws. The key points are:
- General Statute of Limitations:
In Wisconsin, the statute of limitations for product liability cases is 3 years from the date of the injury or when the injury was discovered (or should have been discovered) through reasonable diligence.
- Wrongful Death:
If the product liability case involves a wrongful death, the statute of limitations is 3 years from the date of death, unless the product is a “motor vehicle”, where the statute of limitation is 2 years.
- Discovery Rule:
Wisconsin follows the “discovery rule,” meaning the clock begins when the injury is discovered or reasonably should have been discovered, rather than the date of the defective product’s use.
- Statute of Repose:
In Wisconsin, there is a 15-year statute of repose for product liability cases. This means no action can be brought against the manufacturer or seller of a product if more than 15 years have passed since the product was manufactured, unless the manufacturer specifies a longer useful life. This statute of repose does not apply to product liability claims based on negligence, just the strict liability claim.
It’s essential to consult with an attorney to ensure compliance with all deadlines and to understand any specific nuances of your case. Exceptions and extensions can apply under certain circumstances.