Every product you buy should be safe to use. When a manufacturer, distributor, or retailer puts a dangerous product on the market, the consequences can be severe. Defective products cause burns, broken bones, traumatic brain injuries, amputations, and death every year in Wisconsin.
If a defective product injured you or someone in your family, the Milwaukee product liability lawyers at the Warshafsky Law Firm will fight to hold the responsible company accountable for your losses. For more than six decades, our attorneys have taken on major manufacturers and won. We have the in-house investigative team, the financial resources, and the courtroom experience to go toe-to-toe with corporate legal departments and their insurers. If you are searching for a products liability attorney near me, you need a law firm that prepares for trial from day one, not one that pushes you toward a quick, undervalued settlement. Contact us today for a free consultation.
According to Wisconsin State Statute 895.047, manufacturers, distributors, and retailers have a responsibility to ensure their products are not dangerous to their users and the public. Wisconsin applies strict liability laws for defective products, meaning companies are fully responsible for covering medical costs and additional damages (i.e., pain & suffering). If you were injured by a product defect, you must prove the defect was “unreasonably dangerous,” and the product was defective when it left the seller. Contact an experienced product liability attorney to build an aggressive case against the manufacturer/distributors.
Manufacturers have a responsibility to ensure their products are safe. When their manufacturing defects, design failures, and poor choices result in injury or death to the consumer, our Milwaukee personal injury lawyers will hold them accountable and secure the compensation you deserve. The personal injury attorneys of Warshafsky Law have a long history of securing huge judgments and settlements for clients who have been injured by defective products of all types. As a result, manufacturers have been forced to change the way their products are manufactured to prevent anyone else from being injured. We fondly call these historical cases “Society Changing Judgments.” Throughout our six decades of practice, verdicts from Warshafsky cases have led to the design of safer consumer products & vehicles and the removal of dangerous drugs & pharmaceuticals from the market.
With years of experience and a first-rate investigative team, our Milwaukee personal injury lawyers excel at recovering the highest awards for all types of injuries. Whether your injury was caused by a car or motor vehicle, construction materials, heavy machinery, food, appliances, children’s toys, cribs, car seats, drugs, or any other consumer products, Warshafsky Law Firm will build a winning case and aggressively advocate for fair compensation.
Wisconsin State Legislature: Injury to the person. Wisconsin Statute § 893.54 (2024). Product liability. Wisconsin Statutes § 895.047. Remedies against manufacturers, distributors, sellers, and promoters of products. Wisconsin Stature § 895.046
Part of what sets Warshafsky Law apart from other firms is our willingness to take your case all the way to trial. While other firms are quick to accept the first settlement offer from the manufacturer or its insurance company, we prepare every case as though it will go to trial. Most cases will not go to trial. Companies settle at the last minute before the case escalates to a judge and jury. Insurance companies know we mean business.
Product defects come in many forms, and our law firm has experience handling a wide range of dangerous product claims across Milwaukee and throughout Wisconsin.
Our lawyers also represent clients harmed by toxic chemical exposure from products like Roundup, which has been linked to serious health conditions, including cancer.
Beyond these specific cases, our Milwaukee product liability attorneys handle claims involving defective auto parts, unsafe children’s products, dangerous medical devices, harmful prescription drugs, and malfunctioning industrial equipment. We pursue claims against manufacturers, parts suppliers, distributors, and retailers—every party in the supply chain that played a role in putting a dangerous product into your hands.
Winning a defective product claim requires strong evidence and thorough preparation. Under Wisconsin’s strict liability framework, you do not need to prove the manufacturer acted carelessly. However, you do need to establish several key facts.
First, you must show that the product contained a defect, whether in its design, its manufacturing, or in the warnings and instructions provided with it. Second, you must demonstrate that the defect made the product unreasonably dangerous for its intended use. Third, you must establish that the defect existed when the product left the manufacturer’s or seller’s control. Finally, you must prove a direct connection between the defect and the injuries you suffered.
Building this kind of case requires expert engineers, product testing specialists, medical professionals, and sometimes accident reconstruction analysts. Our Milwaukee product liability law firm retains top national experts to examine defective products, analyze failure points, and deliver testimony that holds up in court. One of the most important things you can do to protect your claim is to preserve the product itself. Do not throw it away, repair it, or alter it in any way. The product is the single most critical piece of evidence in your case.
Product liability cases tend to be more complex and time-consuming than other types of personal injury claims. A straightforward case may be resolved within several months, but many defective product lawsuits take 12 to 36 months or longer to reach a conclusion.
Several factors affect the timeline. Severe injuries that require ongoing treatment often take longer to resolve because your attorney needs a complete picture of your medical needs before calculating the full value of your claim. Moreover, if the manufacturer or its insurance company refuses to offer a fair settlement, taking the case to trial will extend the process further.
A rushed settlement almost always means an undervalued one. Our attorneys at the Warshafsky Law Firm will not push you to accept less than your case is worth simply to close the file faster. We will prepare your case thoroughly and fight for every dollar you deserve.
If a defective product caused serious injuries to you or a loved one, the product liability lawyers at the Warshafsky Law Firm are ready to fight for you. Our Milwaukee attorneys have spent more than 60 years holding manufacturers accountable and securing maximum compensation for injured consumers across Wisconsin. Contact our law office today for a free consultation. You will not pay a fee unless we win.
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.
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.