Product Liability
Representing victims of defective products — holding manufacturers, distributors, and retailers accountable for injuries caused by unsafe products.
Preserve the product — do not repair, discard, or alter it. Physical evidence is critical. Contact us before interacting with the manufacturer or insurer.
When a product causes injury because of a design flaw, manufacturing defect, or inadequate warnings, the companies responsible — often multi-billion-dollar manufacturers and their insurers — are required under Wisconsin law to compensate those harmed. Product liability cases cover a wide range of injuries: from defective vehicles and auto parts, to dangerous medical devices and pharmaceuticals, to unsafe consumer goods, industrial equipment, and children's products.
At Smith & Associates, we investigate product-related injuries with the help of engineers, medical experts, and industry specialists to prove that the product was defective and that the defect caused your injury. Wisconsin's product liability statute (Wis. Stat. § 895.047) recognizes claims based on manufacturing defect, design defect, and inadequate warnings, and provides defenses tied to state-of-the-art and regulatory compliance.
Product liability claims often qualify for class action or mass tort treatment when many people have been injured by the same product. We coordinate with national counsel on large-scale cases while providing personal representation to Wisconsin clients throughout the process.
Related Practice Areas
State law summary
Wisconsin recognizes strict products liability, originally adopted in Dippel v. Sciano and codified (with modifications) by 2011 Wis. Act 2 at Wis. Stat. § 895.047. Claims must generally be filed within three years.
Statute of limitations
3 years
Claims may also be barred by the 15-year statute of repose in § 895.047 for products sold more than 15 years prior to injury, subject to exceptions.
Statutes-of-limitations rules vary by case and may have exceptions. Consult counsel before relying on this summary.
Key statutes
Product liability Wis. Stat. § 895.047
Modern statutory framework for product liability claims — addresses defect categories, statute of repose, and comparative responsibility.
Comparative negligence Wis. Stat. § 895.045
51% bar applies to product liability claims.
Source: State_Legal_Data (verified per file). This summary is for general information only and is not legal advice.
Product Liability FAQ
Answers to common questions about this area of law.
Frequently Asked Questions
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