Experienced Defective Product Attorneys
Defective products can cause serious injury when you least expect it. Consumers are regularly injured by car parts, medical devices and household appliances. Faulty work equipment can pose a danger as well, and injury from this equipment may not be covered by worker’s compensation. In the state of Wisconsin, manufacturers may be held liable for injuries caused by their products. Manufacturers are required to design and build products that are not “unreasonably dangerous,” or they are considered defective. Manufacturers are also required to provide adequate instructions on the proper use of the product, as well as clear warnings about the dangers associated with using or owning the product. If you are injured because of a “unreasonably dangerous” product, or a product that did not have proper instructions, you may be entitled to compensation for your personal injuries in Wisconsin.
Defective product cases are rarely straightforward, and are often heavily contested by the product manufacturer’s lawyers. If you or a loved one has been injured by a defective product, call the law offices of Gingras, Thomsen & Wachs. We’ll fight for the compensation you deserve.
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Madison • Milwaukee • Eau Claire • Waukesha
Common Defective Products
Defective products in Wisconsin often include:
A Gingras, Thomsen & Wachs client was awarded $2.5 million after being injured by a defective shotgun.
Legal Options Following a Defective Product Injury
If you are injured due to a defective product and decide to take legal action, Gingras, Thomsen & Wachs will fight for compensation, which may include:
Disability
Disfigurement and scarring
Pain, suffering, loss of enjoyment of life and interference with family relationships
Emotional distress
Lost wages, future earnings and earning capacity
Past, present and future medical bills
Wrongful death
Defective Product FAQs
I suffered a defective product injury, what should I do?
If you suffer a defective product injury, you should first visit a doctor and seek medical treatment. These injuries often have delayed repercussions like internal bleeding, head trauma and serious infection, so it is essential to contact your doctor for even minor injuries.
Depending on the specifics of your defective product injury, you may be contacted by your employer’s, landlord’s or or doctor’s insurance provider. If you have been injured, seek the representation of an attorney before providing a statement to another party.
Lastly, get in touch with Gingras, Thomsen & Wachs for a review of your case. Our personal injury attorneys specializing in defective product injuries will review your situation and recommend next steps, which may include legal action.
I was injured by a defective product at work? Who is liable?
If you are injured by a machine or piece of equipment that is defective, the manufacturer can be held responsible for the injury if they knew of the danger and didn’t properly warn your employer.
I was injured by a defective product that had been recalled. Do I have a case?
A manufacturer cannot use a recall to automatically defeat a defective product claim. The manufacturer must prove that the injured party directly received notice of the recall and was adequately warned of the dangers posed by the defective product.
Do I still have a claim if my health insurance or worker’s compensation paid my medical bills after a defective product injury?
Those injured by a defective product are entitled to the full value of their medical treatment. This includes the actual cost of the treatment, not just their copay or deductible. Oftentimes, insurance carriers attempt to reduce damages by offering to pay only “out of pocket” expenses, which leaves the injured person less than whole.
While your health insurance carrier has to pay for your medical expenses, they also have the right to be paid back. This is generally referred to as subrogation.
Keep in mind that you may be entitled to more than medical expense reimbursement. Punitive damages such as pain and suffering, emotional distress, lost wages and more are often part of personal injury cases.
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