Milwaukee

Product Liability

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Two Separate Paths to Compensation (60 sec)

Victor Harding | 60 sec

Here’s Why.

“I’m Linda. Mother, not a football player or an actor. When I heard Warshafsky’s, ‘Injured? It IS about the money’, it bothered me. They’re brilliant, loving people. If they didn’t settle with the manufacturer for 2.6 million and then win 1.6 million at trial against a fraud committing monster all would have been lost for our family.”

I’m Attorney Victor Harding. One case, two separate paths to compensation.

“The money-grubbing insurer fought for a mistrial because Warshafsky’s older son, he loathed him in court. Warshafsky is wonderful human beings taking care of overwhelmed people who can’t fend for themselves.”

The manufacturers settled fearing greater losses at trial. The insurance company was forced to trial to take responsibility for their fraud-committing client. Together, through the 4.2 million dollar settlement, the responsible parties will take care of Linda’s son for life.

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FAQ

Milwaukee Product Liability Lawsuits Frequently Asked Questions

Product defects are flaws in product design, manufacturing or marketing. Companies are legally liable if injury results from product defects.

To win a product liability lawsuit, you must prove 4 things.

1) You were using the product as intended.

2) You were injured or suffered losses.

3) The product is defective.

4) The defect caused your injury.

 
 

Wisconsin has a 15-year statute of repose for product liability actions. This means the defective product must have been manufactured within the last 15 years, unless "the manufacturer made specific representation that the product will last for a period beyond 15 years." - Wisconsin State Statute 895.047(5)

If a product injured you while you were using it as intended, or in a way that the manufacturer should have reasonably expected, you may have a valid claim. The key question is whether the product contained a defect that made it unreasonably dangerous. Even if you are not sure what went wrong, an experienced product liability lawyer can examine the product, review the circumstances of the injury, and determine whether a defect existed.

Yes. A product recall does not prevent you from filing a lawsuit. In fact, a recall can actually strengthen your case because it demonstrates that the manufacturer or a government agency identified a safety problem with the product. If the defective product injured you before or even after a recall was issued, you may still be entitled to full compensation. Our Milwaukee product liability attorneys can help you understand how a recall affects your claim.

Wisconsin law recognizes that manufacturers must account for reasonably foreseeable uses of their products, even if those uses are not the primary intended purpose. If the way you were using the product was something the manufacturer could have anticipated, you may still have a valid claim. However, if the use was truly unforeseeable or reckless, the manufacturer may argue that it should not be held responsible. An attorney can evaluate the specific facts and advise you on whether your claim is viable.

Wisconsin gives you three years from the date of injury to file a personal injury lawsuit, including product liability claims, under Wisconsin Statute § 893.54. The state also has a 15-year statute of repose, meaning that, in most cases, you cannot file a claim more than 15 years after the product was first purchased or delivered. Exceptions may apply in certain situations, so it is important to speak with a Milwaukee product liability lawyer as soon as possible to make sure you do not miss any deadlines.

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