Wisconsin Product Liability Law Proposal

Despite the fact that the Chamber of Commerce ranks Wisconsin in the top half of states to do business in, Governor Scott Walker has recently proposed several changes to Wisconsin tort law, including product liability law changes, claiming these will create jobs. None of the proposed changes will do that and one of these proposed changes will immunize sellers of dangerous and defective products that cause injury or death. No seller of a dangerous or defective product should ever be given what is essentially a blanket immunity.

For a very sad example of how products can kill people, read Asbestos & Insulation Contractors at my Wisconsin Asbestos & Mesothelioma blog.

Wisconsin Injury Attorney

Medical Malpractice Double Standard

Estate of Genrich v. OHIC Insurance Company is the latest example of the double standard present in Wisconsin's medical malpractice cases. Supreme Court Justice Crooks really sums up that decision where he states in his dissent: "The approach adopted by the majority in this case----that a three-year statute of limitations on a wrongful death claim somehow runs before three years have elapsed after the date of death----unfortunately may foster a public perception that common sense sometimes is lacking in court decisions."

For some reason, courts at all levels seem to make special rules and exceptions for cases involving Wisconsin medical malpractice.

Wisconsin Personal Injury Attorney

Wisconsin asbestos mesothelioma decision

Wisconsin Asbestos & Mesothelioma Blog has a post on a recent decision from the Court of Appeals in a Wisconsin mesothelioma car brakes case.

Wisconsin Personal Injury Lawyer

Two Die in Marinette County Car Accident

A single-vehicle car accident in Marinette County claimed two lives Friday evening in Lake, Wisconsin. According to the County Sheriff, the car veered off the road entering a ditch and striking a tree. Law enforcement believes the driver was driving too fast for conditions. If you or a loved one are involved in a serious accident causing injury or death, contact me.

Wisconsin Personal Injury Attorney

Wisconsin Car Accident Deaths Down

According to this report from the Governors Highway Safety Association, Wisconsin car accident deaths were down 20% in 2008 from the year prior. This article from the Wall Street Journal explains that nationally car accident deathss were down about 10% in 2008. Interestingly, the WSJ article sets forth various speculative reasons for the decrease, including the fact that the Insurance Institute for Highway Safety uses "the power of shame to push car makers to beef up their designs for crash-worthiness." What about the power of product liability lawsuits holding car manufacturers responsible for failing to incorporate reasonable crashworthy designs? Not that I'd expect the WSJ to ever give personal injury lawyers any credit for positive change.

Wisconsin Personal Injury Lawyer

Falls leading cause of death for over 65

Falls causing injury or death to senior citizens are far too common according to this article from the Washington Times: Accidental falls a leading cause of death over 65. Having handled numerous slip, trip & fall cases involving senior citizens, I was unfortunately well aware of the risk. Many of these cases involved hip fractures that resulted in hospitalization and temporary or permanent nursing home stays as well as permanent disability. Others, sadly involved wrongful death.

Wisconsin Personal Injury Lawyer

Wisconsin, Alcohol & Car Accidents

Wisconsin may no longer have the top party school (though UW is "first place for beer drinking") but Milwaukee can now declare itself as America's Drunkest City according to Forbes magazine. No wonder so many Wisconsin car accidents involve alcohol and sadly nearly half of all fatal car accidents in Wisconsin are alcohol-related wrongful deaths. Of course, Milwaukee County accounts for the most alcohol-related deaths in Wisconsin.

Wisconsin Personal Injury Attorney

Door County Explosion & Investigation

An apparent gas explosion in Door County (WFRV CBS 5's explosion story) raises interesting legal issues involved in burn injury, fire and explosion cases. The Wisconsin case of Garfoot v. Fireman's Fund illustrates the main one, which is the cause and origin of the fire or explosion.

In Garfoot, a man was burned after a gas explosion involving a pilot light. During investigation of the explosion, a witness disturbed evidence that would have shown if a gas leak in pipes caused the explosion, fire and burn injuries. Specifically, the witness failed to properly pressure test the liquid propane (LP) system dismantling gas pipes such that these could not be tested. The case shows how extreme care must be exercised in the investigation of fire and explosion accidents whether the cases involve defective pipes or allegations relating to gas control valves, defective gas tanks, machine malfunction or overfilling of propane cylinders.

Here's the wiki on fire investigation.

Wisconsin Personal Injury Lawyer