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Milwaukee, WI personal injury lawyer for defective productsIn 2011, former Wisconsin Governor Scott Walker signed the Omnibus Tort Reform Act, which changed preexisting state laws related to product liability. In particular, Chapter 895 of the Wisconsin Statutes was altered extensively. These changes placed a greater burden on plaintiffs when filing a personal injury lawsuit against a manufacturer or distributor of a potentially dangerous product.

The Reason for the Law Change

The legislative history of Wis. Stat. §895.046 reveals that the legislation was prompted by two Wisconsin Supreme Court decisions, Collins v. Eli Lilly Company, 116 Wis.2d 166 (1984), and Thomas v. Mallet, 2005 WI 129, 285 Wis. 2d 236. Legislators determined that a change in the law was necessary to make Wisconsin a state that was “good for business” because they deemed the Mallet decision as creating a hostile environment for businesses.

Reasonable Alternative Design

Under the prior law, a plaintiff could prove injury using the “Consumer Expectations Test.” This test required plaintiffs to prove that the product was dangerous beyond what an ordinary consumer would expect it would be.

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By Ray Dall’Osto and Chris Strohbehn

Milwaukee, WI civil litigation lawyer gun manufacturer liabilityMilwaukee, WI civil litigation lawyer gun manufacturer liabilityThe shocking mass shootings in El Paso and Dayton this past weekend, on top of the numerous premeditated attacks (many by white supremacist-inspired individuals) so far in 2019, make one want to shout, “Enough!  Do something about it!” Telling the public it was just the acts of one deranged individual, so go back home, say some prayers, and hope for the best simply doesn’t cut it. This attitude and “we can’t do anything about it” public pronouncements are a lie and an outrageous abdication of government’s responsibility to protect the health and safety of all Americans.

While no one gun control regulation or public health initiative is a panacea, our country needs to try many and implement them now, and at all levels of government – federal, state and local, to try and stop the brutal carnage that target and kills mothers, babies, and families with military-style assault weaponry that are readily available. As President Franklin Roosevelt responded to Republican critics of his Administration’s attempts to develop and implement new programs to address the Great Depression poverty, unemployment, and economic dislocation, “It is common sense to take a method and try it. If it fails, admit it frankly and try another. But above all, try something.”

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Milwaukee e-scooter injury lawyer

By Attorney Chris Strohbehn

Electric scooters (also known as e-scooters) are a form of transportation that is becoming more and more popular in cities across the United States. While these types of scooters are not new, the business behind them has changed. Companies such as Bird have begun offering rentable electric scooters that are placed on the side of the road for anyone to use. A person can use an app to rent an available scooter, then hop on for a ride. However, since these scooters have begun to pop up on city streets and college campuses, the number of scooter-related injuries has increased significantly, and people who are injured may be unsure about their legal options.

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By Attorney Christopher Strohbehn

Milwaukee, WI Car Accident Attorney

You may be driving on a road in a place where you travel all the time, when suddenly the road changes in some way due to construction. Construction zones pose significant risks to motorists, because they can unpredictably change a road, and drivers may be unsure about the proper ways to navigate these changes. In addition, construction zones can create dangerous roadway conditions if care is not taken to properly set up detours or closed lanes. Due to these factors, car accidents in construction zones are common. In fact, Wisconsin sees about 2,000 work zone accidents each year.

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Milwaukee insurance coverage litigation lawyerWhen someone suffers a personal injury, they may struggle with a variety of financial issues involving the need for medical treatment and the inability to work and earn an income. Insurance companies become involved in many of these cases, and an injury victim will often be covered by an insurance policy held by the person who caused the injury. Unfortunately, many accident victims come to find out that insurance companies can be unreasonable. 

When a person files an injury claim, the negligent party’s insurance company will often offer to pay a certain amount based on the amount of coverage. However, these offers may not fully cover the victim’s expenses or meet their needs. In these cases, a victim may choose to pursue litigation against the insurance company and/or the negligent party.

After a lawsuit is filed, the parties will conduct discovery, during which evidence will be gathered and depositions will be taken. After this process is completed, the attorneys for the victim and the insurance company may be able to agree about the extent and dollar amount of damages. At this point, a settlement can be reached.

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Milwaukee, WI wrongful death claim lawyerIf your loved one has died due to the fault of another person or business, Wisconsin law states that you may be able to recover certain monetary damages through a wrongful death lawsuit. 

Who Can Recover Compensation?

Wisconsin law only allows certain people to bring wrongful death actions, and it also dictates certain parties who must recover any award of damages in wrongful death actions. Those who may bring a wrongful death action include:

  • The personal representative of the deceased person's estate
  • The surviving spouse of the decedent
  • The domestic partner of the decedent 
  • The child of the decedent
  • The parent or guardian of the decedent

If the decedent left behind a spouse, domestic partner, or one or more children under age 18, the court will set aside a part of any award for the care of the deceased person's dependents. The amount will not be more than 50 percent of the total award.

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Milwaukee dog bite lawyerIf you have been bitten by a dog, you are at risk for a number of injuries. First, there is likely some sort of wound, and the degree of severity can range from superficial to severe. You also may be at risk for scarring or permanent disfiguration. Another possible injury that people often overlook with dog bites is the transmission of a disease or infection. 

Wisconsin Dog Bite Laws 

Under Wisconsin law, an owner is typically responsible for injuries caused by their dog. It does not matter if the owner was not on the scene when the attack occurred or if the owner took steps to protect others from the dog. This type of law is called “strict liability.”

It also does not matter if the dog owner believed that the dog was not dangerous or if they did not know of any previous attacks. A dog owner may be held responsible for any injury their dog inflicts on any other person, domestic animal, or property. In addition, if it can be proven that a dog owner was told or knew that the dog previously, without provocation, had bitten a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement, the owner may be held liable for double the amount of damages.

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Milwaukee mass tort attorney injury lawsuitMass tort actions are especially useful in certain types of cases, as they provide an efficient way for personal injury victims to receive the compensation they deserve. Pharmaceutical and medical device claims are often brought forward through a mass tort action. This is because these products, if defective, will likely injure a large number of people. 

What Is a Mass Tort?

While the word “tort” is commonly used in the law, many people without a legal background do not know what it means. A tort is an injurious act that occurs due to the fault of another. Car accidents and slip and fall cases are common torts, as are damages made to land or property. Thus, a mass tort action involves an injurious act or product that affects a large group (or mass) of people.

A court will have to approve a mass tort action in order for it to proceed. In making its decision, it will review the following:

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Milwaukee personal injury mass tort attorneyWhat is a mass tort? A mass tort is a type of action that can be brought when there is one instance of negligence that causes injury to a group of people. Mass tort actions can be brought against defendants in state or federal court. It is not uncommon for these cases to be consolidated into multidistrict litigation.

A judge will determine if a mass tort action can be brought in multidistrict litigation. He or she will look at how many victims are involved, if the victims live near each other, if the injuries complained of are similar, and whether there is a common cause of the injuries, such as a single accident or product.

Typical Types of Mass Tort Actions

Wisconsin law does not limit mass tort actions to certain types of injuries or certain industries to mass tort actions. That said, there are certain claims that often are successful in using a mass tort action:

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Posted on in Personal Injury

Milwaukee streetcar accident injury attorneyMilwaukee recently began operating a streetcar line, known as The Hop. The Hop now runs on a 2.5-mile loop through downtown and the Historic Third Ward. While streetcars provide a valuable form of transportation, they also present specific safety risks, and they can cause serious bodily and property injury.

Unfortunately, the risk of accidents can be higher when a streetcar system first begins operation. Necessary safety precautions may not be implemented, and drivers can be inexperienced. In addition, motorists may not be used to sharing the road with the streetcars. Victims of streetcar accidents may include streetcar passengers, drivers and passengers in a vehicle that collides with a streetcar, and pedestrians and bicyclists traveling near the tracks.

Here are five ways a streetcar accident can occur:

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