Action Law Discusses Premises Liability vs Product Liability Cases

Everyone should be able to count on the safety of the products we purchase and use.  Unfortunately, injuries happen more often than we’d like.  Product negligence can result in severe burns, scars, poisoning, neck and back injuries, brain injuries and in the worst of cases….wrongful death.  Product injuries result in thousands of product liability claims every year.  On the positive side, pressure from these claims forces companies to maintain higher safety standards and do more product testing.  A classic product liability case that most people are familiar with, is the McDonalds 1994 settlement involving a woman who suffered third-degree burns after hot coffee spilled in her lap.  To pull more flavor from fewer grounds, McDonalds had been brewing coffee at an extremely high temperature.  Prior to the historic case, there were hundreds of burn injuries and complaints reported.  Unfortunately, it wasn’t until the plaintiff was awarded nearly $3 million dollars, that McDonalds finally began to brew their coffee at lower temperature, safer for the consumer.

To hold a company liable for an accident involving a product, it must be proven that: 

• The product is unreasonably dangerous.  (This would include the design, manufacturing, handling process and or during shipping.)
• The product defect caused injury when used, even though it was used as instructed.
• The product hadn’t been changed from its original form, causing it to perform differently and cause an injury.
• The product didn’t provide consumers the warning regarding any potential risk of injury.

Proving this proof is a complicated and very expensive process for any individual to do on their own.  The attorneys at Action Law Offices are familiar with product and premises liability laws, and are experienced in handling these types of cases.

Premises Liability Cases

Wisconsin weather can be an ideal environment for slip, trip and fall injuries.  If a fall happens as a result of premises negligence, this refers to a situation whereby someone is injured on property owned or maintained by someone else.  (Such as owners of commercial property, apartment tenants, vacant lots, private homes, etc.)   In the situation of injury, both the property owner and the party responsible for maintaining the propertycould be held liable.   This is because property owners and businesses have an honest duty to provide a safe environment for people to shop, work, walk, etc.  If someone is injured due to property owners failing to provide a safe environment, intentional or unintentional negligence, or failure to post warnings, they may be held liable for medical expenses, pain, suffering, lost wages, etc.

Examples of common premises injury cases include:

• Animal and Dog Bites
• Security Issues
• Slip, Trip and Fall Accidents
• Dangerous Property Conditions
• Inadequate Maintenance & Other premises negligence

What if both parties are at fault?

A commonly used argument is that the injured person should be partially, “at fault,” for the injury.  As the property owner has a responsibility to provide a safe environment, a visitor also should exercise reasonable care for their own safety.  If a visitor does not exercise this care, the plaintiffs recovery may be reduced, or limited, because that negligence.  Get the compensation you deserve!

Action Law Offices has a long and successful history of representing clients injured in liability cases of all sizes and types.  They are personal injury attorneys familiar with the laws associated with both product and premises liability cases.  The team at Action Law are experts!   If you have been hurt in a slip and fall accident, have another premises liability case, or have been injured by a dangerous or defective product, contact Action Law Offices for a free initial consultation today.  If needed, hospital and home visits are also available.  Get the compensation you deserve!