Under Wisconsin State Statute 895.047, a product’s liability is any occurrence where a consumer is injured during the use of a manufactured product. The basic reasoning behind these injuries implies that the item possessed a defect when manufactured, a design flaw, or a failure to warn consumers properly of possible risks. Anyone who was injured while using manufactured goods for any of these reasons should contact a Product Liability Lawyer in Beaver Dam WI.
How is the Product Defective?
Any manufactured good that deviated from its intended design due to error or in which the design was not altered due to risk could be deemed defective and otherwise risky. Laws that govern these occurrences require manufacturers to test products before releasing them on the market. These producers of goods are required to ensure that all precautions are taken to prevent injury such as affixing warning labels onto packaging when products could generate an injury under certain conditions. For the claimant to have a case against a manufacturer for these reasons, he or she must prove that the defect happened while it was in the possession of the producer, and that the injury did happen through use.
What Consumers Should Know
In Wisconsin, manufacturers have several defenses to utilize to avoid a product’s liabilities settlement. First, if they can prove that the consumer was under the influence of alcohol or controlled substances at the time of use, the judge deems the injury the fault of the consumer. Any potential risks that are clear prior to use could implicate the consumer or if the manufacture can provide evidence showing that the product did not possess a flaw when leaving its original location.
Any proof offered that shows the consumer altered or modified the product before use is another defense against litigation. Additionally, the consumer cannot receive damages if the product did not require warning labels under consumer law or if the claim is filed after fifteen years have passed since the injury. Any consumer who was injured due to a defective product should contact Quincey, Becker, Schuessler, Chase and Devitt, SC to hire a Product Liability Lawyer in Beaver Dam WI.
