What Is Product Liability
Product liability holds the makers and sellers of dangerous products responsible when those products injure consumers. Defects fall into three categories: design defects (the product is inherently unsafe), manufacturing defects (an error in production), and warning defects (inadequate instructions or failure to warn of risks). Defective vehicles, tools, appliances, medical devices, and children's products are common sources of claims.
Wisconsin's Strict Liability Standard
Wisconsin has adopted strict product liability (codified in Wis. Stat. § 895.047), meaning an injured person generally does not have to prove the manufacturer was negligent — only that the product was defective and unreasonably dangerous, and that the defect caused the injury. This standard makes it easier for victims to hold powerful manufacturers accountable.
Who Can Be Held Responsible
Liability can extend along the entire chain of distribution — the manufacturer, component makers, distributors, and retailers. In a strong case, multiple defendants and insurance policies may contribute to the recovery. Identifying every responsible party and preserving the product itself as evidence are essential first steps.
Pursuing a Defective Product Claim
Keep the product and its packaging, document your injuries, and avoid altering or repairing the item. These cases often require engineering and safety experts to demonstrate the defect. Wisconsin's three-year statute of limitations applies, with additional rules for latent injuries, so prompt action protects your claim.
Injured in Wisconsin? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Often no. Wisconsin's strict liability standard requires showing the product was defective and unreasonably dangerous and caused your injury.
Potentially the manufacturer, component makers, distributors, and retailers along the chain of distribution.
Yes. Preserve the product and packaging unaltered, as it is key evidence.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Wisconsin attorney.