DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY
STATE OF WISCONSIN
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Wisconsin ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Wisconsin
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]
RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Claim Number: [If assigned]
Dear [Recipient Name]:
This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement under Wisconsin law.
I. WISCONSIN PRODUCTS LIABILITY LEGAL FRAMEWORK
A. Statutory Framework
Products liability claims in Wisconsin are governed by Wis. Stat. Section 895.047 and common law principles. Wisconsin recognizes strict liability, negligence, and breach of warranty as theories of recovery.
B. Theories of Liability
1. Strict Liability in Tort
Wisconsin adopted Section 402A of the Restatement (Second) of Torts in Dippel v. Sciano, 37 Wis. 2d 443, 155 N.W.2d 55 (1967). Under Wis. Stat. Section 895.047(1):
A manufacturer is liable if:
- The product is defective because it contains a manufacturing defect, design defect, or is defective due to inadequate instructions or warnings
- The defect renders the product unreasonably dangerous to persons or property
- The defect was a cause of the claimant's damages
- The product reached the user or consumer without substantial change from the condition in which it was sold
2. Negligence
A manufacturer has a duty to exercise reasonable care in the design, manufacture, inspection, and warnings of products. Arbet v. Gussarson, 66 Wis. 2d 551, 225 N.W.2d 431 (1975).
3. Breach of Warranty
Wisconsin recognizes claims under the Uniform Commercial Code for breach of express warranty (Wis. Stat. Section 402.313), implied warranty of merchantability (Section 402.314), and implied warranty of fitness (Section 402.315).
C. Statute of Limitations
Under Wis. Stat. Section 893.54, the statute of limitations for personal injury claims is three (3) years from the date of injury. The discovery rule applies to toll the limitations period until the claimant discovers or reasonably should have discovered the injury and its cause. Hansen v. A.H. Robins, Inc., 113 Wis. 2d 550, 335 N.W.2d 578 (1983).
D. Statute of Repose
Under Wis. Stat. Section 895.047(5), a fifteen (15) year statute of repose applies to products liability claims:
No claim may be brought more than 15 years after the date of delivery of the product to the initial purchaser or lessee, unless the manufacturer expressly warranted the product for a longer period.
E. Design Defect Test
Wisconsin applies a risk-utility balancing test for design defects under Wis. Stat. Section 895.047(1)(a). A product is defective in design if:
The foreseeable risks of harm posed by the product could have been reduced by the adoption of a reasonable alternative design, and the omission of the alternative design renders the product not reasonably safe.
Wis. Stat. Section 895.047(1)(a) incorporates the Restatement (Third) approach.
Factors considered include:
- The magnitude and probability of the foreseeable risks of harm
- The instructions and warnings accompanying the product
- The nature and strength of consumer expectations regarding the product
- The relative advantages and disadvantages of the product as designed and as it alternatively could have been designed
- The likely effects of the alternative design on production costs, product longevity, maintenance, repair, and esthetics
F. Comparative Negligence
Wisconsin follows modified comparative negligence under Wis. Stat. Section 895.045. A claimant's recovery is reduced by their percentage of causal negligence. If the claimant's negligence is greater than the combined negligence of all persons against whom contribution is sought (i.e., more than 50%), recovery is completely barred.
Comparative negligence applies to products liability actions. Wis. Stat. Section 895.047(6).
G. Non-Economic Damage Caps
Under Wis. Stat. Section 893.55 (for medical malpractice), non-economic damages are capped at $750,000. This cap does not generally apply to products liability cases, but may apply if the products claim arises from medical treatment or involves medical products.
H. Punitive Damages
Under Wis. Stat. Section 895.043, punitive damages require proof that the defendant acted:
- Maliciously; or
- In intentional disregard of the rights of the plaintiff
Statutory Cap (Wis. Stat. Section 895.043(6)): Punitive damages may not exceed two (2) times compensatory damages or $200,000, whichever is greater.
II. PRESERVATION OF EVIDENCE - CRITICAL NOTICE
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:
Product-Related:
- The subject product and all component parts
- Design documents, specifications, and engineering drawings
- Manufacturing records and quality control documentation
- Testing data and safety assessments
- All versions of warnings, labels, and instructions
Complaints and Claims:
- Prior consumer complaints regarding this product
- Prior claims and lawsuits involving similar defects
- Regulatory correspondence and adverse event reports
Spoliation Warning: Wisconsin courts recognize adverse inference instructions and sanctions for spoliation of evidence. Jagmin v. Simonds Abrasive Co., 61 Wis. 2d 60, 211 N.W.2d 810 (1973). ANY DESTRUCTION OR ALTERATION OF EVIDENCE WILL RESULT IN SEVERE CONSEQUENCES.
III. THE DEFECTIVE PRODUCT
A. Product Identification
| Product Information | Details |
|---|---|
| Product Name | [Full Product Name] |
| Manufacturer | [Manufacturer Name and Address] |
| Model Number | [Model Number] |
| Serial Number | [Serial Number] |
| Date of Manufacture | [Date, if known] |
| Date of Purchase | [Purchase Date] |
| Retailer/Seller | [Retailer Name and Location] |
| Purchase Price | $[Amount] |
B. Chain of Distribution
Under Wisconsin law, the following entities may be liable:
| Entity | Role | Liability Under Wis. Stat. Section 895.047 |
|---|---|---|
| [Manufacturer Name] | Manufacturer | Liable under Section 895.047(1) |
| [Component Supplier] | Component Manufacturer | Potentially liable |
| [Retailer Name] | Seller | Limited liability under Section 895.047(2) |
Note on Seller Liability: Under Wis. Stat. Section 895.047(2), a seller other than a manufacturer is not liable unless the seller has exercised substantial control over design, testing, manufacture, or labeling, or has provided a written express warranty, or the manufacturer is insolvent or not subject to jurisdiction.
IV. THE DEFECT
A. Nature of Defect
[DESIGN DEFECT / MANUFACTURING DEFECT / FAILURE TO WARN - Select applicable]
Under Wis. Stat. Section 895.047(1), the [Product Name] was defective because:
[Detailed description of the defect and how it rendered the product unreasonably dangerous]
B. Risk-Utility Analysis
Under Wisconsin's risk-utility test per Wis. Stat. Section 895.047(1)(a):
- The foreseeable risks of harm from the product's design were substantial
- A reasonable alternative design existed that would have reduced or avoided the risk
- The alternative design was technologically and economically feasible
- The omission of the alternative design rendered the product not reasonably safe
- The plaintiff will present evidence of the reasonable alternative design and its benefits
V. THE INCIDENT AND INJURIES
A. How the Injury Occurred
On [Date], at approximately [Time], our client was [describe use of product] when [describe how the defect caused injury].
B. Injuries Sustained
As a direct and proximate result of the defective product, our client sustained:
Physical Injuries:
- [Injury 1]
- [Injury 2]
- [Injury 3]
Medical Treatment:
- [Treatment summary]
Permanent Effects:
- [Describe any permanent conditions]
VI. DAMAGES
A. Economic Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Total] |
B. Non-Economic Damages
Under Wisconsin law, our client is entitled to compensation for:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Permanent impairment and disfigurement
- Loss of society and companionship [if applicable]
C. Punitive Damages
[If applicable:]
Your company's conduct in [describe egregious conduct] demonstrates intentional disregard of the rights of consumers, warranting punitive damages under Wis. Stat. Section 895.043 (subject to the statutory cap of 2x compensatory or $200,000, whichever is greater).
D. Summary of Damages
| Category | Amount |
|---|---|
| Total Economic Damages | $[Amount] |
| Total Non-Economic Damages | $[Amount] |
| TOTAL COMPENSATORY DAMAGES | $[Total] |
VII. SETTLEMENT DEMAND
Based upon the clear liability of your company under Wisconsin law and the substantial damages our client has sustained, we hereby demand:
$[DEMAND AMOUNT]
This demand will remain open for forty-five (45) days from the date of this letter, expiring on [Expiration Date].
If this matter cannot be resolved, we are prepared to file suit in the Circuit Court for [County] County, Wisconsin, and pursue this matter through trial.
VIII. DOCUMENTATION ENCLOSED
☐ Medical records and bills
☐ Photographs of the defective product
☐ Photographs of injuries
☐ Employment and wage documentation
☐ Product documentation and warnings
☐ Expert reports (if available)
☐ [Other relevant documentation]
IX. CONCLUSION
This case involves a defective product that caused serious injuries to our client. The product was defective and unreasonably dangerous under Wis. Stat. Section 895.047, and the injuries were entirely preventable.
We urge you to evaluate this claim seriously and respond with a reasonable settlement offer within the time allowed.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
State Bar of Wisconsin No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
[File]
WISCONSIN PRODUCTS LIABILITY PRACTICE NOTES
☐ Statutory Framework: Wis. Stat. Section 895.047 codifies products liability law, incorporating Restatement (Third) principles.
☐ Risk-Utility Test: Wisconsin applies risk-utility balancing for design defects, requiring proof of a reasonable alternative design.
☐ Modified Comparative Negligence: 51% bar rule - claimant cannot recover if more than 50% at fault.
☐ 15-Year Repose: No action more than 15 years after delivery to initial purchaser.
☐ Seller Protections: Non-manufacturing sellers have limited liability under Section 895.047(2).
☐ Punitive Damages Cap: Greater of 2x compensatory or $200,000.
☐ Expert Testimony: Wisconsin follows Daubert standards. State v. Kandutsch, 2011 WI 78, 336 Wis. 2d 478.
☐ Joint and Several Liability: Generally abolished; each defendant liable only for their percentage of causal negligence. Wis. Stat. Section 895.045.
☐ Safe Harbor: Compliance with government standards may be evidence of non-defect but is not conclusive. Wis. Stat. Section 895.047(4).
This template is specific to Wisconsin law. Products liability law is complex and varies significantly by jurisdiction. This template must be customized for each case by a licensed Wisconsin attorney.