Holding Negligent Corporations Accountable for Your Injuries
You come into contact with thousands of products every day and likely do not worry about potential dangers. Every product carries an implied warranty that it is safe for its intended use. However, a defective or damaged product can sometimes cause severe, and even deadly, damages.
Janesville personal injury attorney Steve Caya has dedicated his entire 25-year career to personal injury law. He exclusively practices injury recovery as a partner at the law firm of Nowlan & Mouat LLP. As a Beloit Personal Injury Attorney, Steve has the resources and experience to build a strong claim in complex products liability cases. His board certification as a civil trial specialist is a statement to his substantial abilities and unyielding commitment to justice. Steve goes toe-to-toe with corporations that put profits ahead of consumer safety. If you were injured by a defective or unsafe product, our firm can help you get the compensation you deserve.
Strict Liability Theory
Defective products may exist in your home, your office, your car, your doctor’s office or anywhere. One factor that makes a defective product so dangerous is that the problem is often unapparent to the naked eye or to a casual observer. For example, even a mechanic might not detect a faulty car part until an accident happens. Likewise, you may not taste, smell or see harmful bacteria growing in contaminated food until you become severely ill.
Under the law, strict liability does not require proof of negligence. Otherwise, plaintiffs would face unjust roadblocks in producing evidence. After all, reconstructing the manufacturing process of the precise item, which may have occurred years prior, would be nearly impossible.
Omnibus Tort Reform Act
The Omnibus Tort Reform Act, which embodies the 2011 Wisconsin Act 2, favors defendants. Various provisions of the Act:
- Require stricter standard of proof — Plaintiffs must prove that a reasonable alternative design would have decreased risks of injuries. In the past, plaintiffs had a lesser degree of proof based on consumer expectations.
- Limit claims against product venders — The statute bars suit against a seller based on strict liability when there is a viable manufacturer to sue.
- Restrict risk contribution — The joint and several liability concept, in which multiple parties may be jointly or independently liable for damages, no longer applies to products liability cases.
- Place the onus on the consumer — The manufacturer can claim that the injuries stemmed from a fundamental aspect of the product that is open and obvious to the consumer.
- Provides for consumer contributory negligence defense — The manufacturer can claim that the consumer was injured because she or he misused, altered or modified the product.
We remain constantly abreast of the laws and how they affect your claim. We strategize to help you win the maximum compensation available in your case.
Consult with a Beloit Personal Injury Attorney About Your Injuries
Take action against the corporations responsible for your injuries caused by a defective product. Call Steve Caya at 608-531-6252 or toll free at 1-800-754-8110. You can also contact us online to schedule a free, no-risk evaluation of your case. To best serve you, our Janesville personal injury attorney offers evening, weekend and off-site appointments.