If you have sustained an injury caused directly by a defective or dangerous product, you can recover the medical costs for your injuries through a defective products liability claim. If the product manufacturer is not ready to settle the matter out of court, consider hiring a Milwaukee Personal Injury Attorney to help you file the claim.
Manufacturers are usually willing to pay for your medical bills and compensate for other losses that result from your personal injury when the injury is minor, and the bills are manageable. However, when the injury is life-changing and may result in loss of income and other damages, they may not be quick to respond to your calls, which might prompt you to file a case.
Wisconsin’s defective product liability law provides that an injured customer can pursue a product liability case only if they can prove a violation in the manufacturing or design of the product. A personal injury lawyer can help collect all the facts about your accident and build a case for you. Here are three ways to know if you are eligible for compensation following an injury caused by a flawed product:
1. When the product is defectively manufactured
If there was an error in a product’s manufacturing which affected its performance, you might be compensated if your attorney can prove the injury was caused by the error.
2. When there is an error in the design
Are you sustain a cut in the mouth from a spoon that has an aberrantly sharp edge, you can file a claim as long as you can prove the sharp edge caused the cut. Likewise, if you sustain a back injury from using a flawed office seat for too long, you are eligible for a claim. Products with a design capable of causing an injury are considered defectively designed in law terms.
3. When a product is naturally dangerous but doesn’t have a warning
Some products such as pesticides and over-the-counter drugs may cause illnesses or allergic reactions if used in certain combinations, environments or times. For instance, some cold medications are not supposed to be used with other commonly used OTC drugs such as aspirin. If you experience serious side effects because of it, you are eligible for a claim if the packaging didn’t have a clear warning or the doctor didn’t tell you about it.
Recovering can be hard if you don’t have a good lawyer by your side. You are supposed to prove that the product in question was defective and that the defectiveness injured you while you were using the product in an intended way.
As regards compensatory damages, you can be compensated for economic losses and/or general losses. Economic losses include medical expenses and costs of any lifestyle changes you may have to make due to the injury. General losses or non-economic losses, on the other hand, are non-monetary and include physical pain, distress, suffering, loss of consortium and negative changes in your social life. The court needs solid proof for each before awarding damages.