DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY
STATE OF WYOMING
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Wyoming ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Wyoming
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 the Wyoming Products Liability Act.
I. WYOMING PRODUCTS LIABILITY LEGAL FRAMEWORK
A. Wyoming Products Liability Act
Products liability claims in Wyoming are governed by the Wyoming Products Liability Act (WPLA), Wyo. Stat. Sections 34-14-104 through 34-14-109. Wyoming also recognizes common law strict liability, negligence, and breach of warranty claims.
B. Theories of Liability
1. Strict Liability in Tort
Wyoming adopted Section 402A of the Restatement (Second) of Torts in Ogle v. Caterpillar Tractor Co., 716 P.2d 334 (Wyo. 1986). A manufacturer or seller is strictly liable when:
- The product is in a defective condition unreasonably dangerous to the user or consumer
- The defect existed when the product left the defendant's control
- The defect caused the plaintiff's injury
The Wyoming Products Liability Act, Wyo. Stat. Section 34-14-104, codifies this standard.
2. Negligence
A manufacturer has a duty to exercise reasonable care in the design, manufacture, testing, and warnings associated with its products. Caldwell v. Yamaha Motor Co., 648 P.2d 519 (Wyo. 1982).
3. Breach of Warranty
Wyoming recognizes claims under the Uniform Commercial Code for breach of express warranty (Wyo. Stat. Section 34.1-2-313), implied warranty of merchantability (Section 34.1-2-314), and implied warranty of fitness (Section 34.1-2-315).
C. Statute of Limitations
Under Wyo. Stat. Section 1-3-105(a)(iv)(C), the statute of limitations for products liability actions is four (4) years from the date of injury or the date the injury was discovered or should have been discovered, whichever is earlier.
The discovery rule applies when the injury was not immediately discoverable. Bredthauer v. TSP, 864 P.2d 442 (Wyo. 1993).
D. Statute of Repose
Wyoming does not have a statute of repose for products liability claims. Actions may be brought regardless of the age of the product, provided the statute of limitations is satisfied.
E. Design Defect Test
Wyoming applies a consumer expectations test combined with risk-utility considerations for design defects:
Consumer Expectations: A product is defective if it is "dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics." Ogle v. Caterpillar Tractor Co., 716 P.2d 334 (Wyo. 1986).
Risk-Utility Balancing: Courts also consider whether a reasonable alternative design would have prevented the injury and whether the risk of harm outweighs the product's utility. Ayers v. Johnson & Johnson Baby Prods. Co., 818 P.2d 1337 (Wyo. 1991).
F. Comparative Fault
Wyoming follows modified comparative fault under Wyo. Stat. Section 1-1-109. A plaintiff's recovery is reduced by their percentage of fault. If the plaintiff is 50% or more at fault, recovery is completely barred.
Comparative fault applies to products liability actions. Wilson v. IBP, Inc., 558 N.W.2d 132 (Wyo. 1996).
G. Punitive Damages
Wyoming allows punitive damages where the defendant's conduct demonstrates:
- Willful and wanton misconduct; or
- Malice; or
- Fraud; or
- Oppression
Campen v. Stone, 635 P.2d 1121 (Wyo. 1981).
Proof Standard: Punitive damages require clear and convincing evidence.
No Statutory Cap: Wyoming does not impose a statutory cap on punitive damages, though courts apply constitutional due process limits. Punitive damages must bear a reasonable relationship to compensatory damages.
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: Wyoming courts recognize adverse inference instructions and sanctions for spoliation of evidence. 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 the Wyoming Products Liability Act, the following entities may be liable:
| Entity | Role |
|---|---|
| [Manufacturer Name] | Manufacturer |
| [Component Supplier] | Component Manufacturer |
| [Distributor Name] | Distributor |
| [Retailer Name] | Retailer/Seller |
IV. THE DEFECT
A. Nature of Defect
[DESIGN DEFECT / MANUFACTURING DEFECT / FAILURE TO WARN - Select applicable]
Under the Wyoming Products Liability Act and Ogle v. Caterpillar Tractor Co., 716 P.2d 334 (Wyo. 1986), the [Product Name] was defective because:
[Detailed description of the defect, how it rendered the product unreasonably dangerous, and how it was dangerous beyond consumer expectations]
B. Consumer Expectations and Risk-Utility Analysis
Under Wyoming law:
Consumer Expectations:
- An ordinary consumer would not expect [describe the dangerous condition]
- The product was dangerous beyond the expectations of an ordinary consumer
- The defect made the product unreasonably dangerous for its intended use
Risk-Utility Factors:
- The likelihood and severity of the danger
- The availability of a safer alternative design
- The feasibility of implementing the alternative design
- The product's utility versus its risk of harm
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 Wyoming 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
C. Punitive Damages
[If applicable:]
Your company's conduct in [describe egregious conduct] demonstrates willful and wanton misconduct warranting punitive damages under Wyoming common law.
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 the Wyoming Products Liability Act 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 District Court for [County] County, Wyoming, 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 in a defective condition unreasonably dangerous under the Wyoming Products Liability Act, 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]
Wyoming State Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
[File]
WYOMING PRODUCTS LIABILITY PRACTICE NOTES
☐ WPLA and Common Law: Wyoming Products Liability Act (Wyo. Stat. Sections 34-14-104 et seq.) supplements common law strict liability.
☐ Hybrid Design Defect Test: Consumer expectations test with risk-utility considerations per Ogle v. Caterpillar Tractor Co.
☐ Modified Comparative Fault: 50% bar rule - plaintiff cannot recover if 50% or more at fault.
☐ Longer SOL: Four (4) year statute of limitations is longer than most states.
☐ No Statute of Repose: Wyoming does not limit products liability claims based on product age.
☐ No Punitive Damages Cap: Wyoming has no statutory cap; constitutional limits apply.
☐ Expert Testimony: Wyoming follows a modified Daubert / Frye hybrid approach. Bunting v. Jamieson, 984 P.2d 467 (Wyo. 1999).
☐ Joint and Several Liability: Generally abolished; defendants liable only for their percentage of fault. Wyo. Stat. Section 1-1-109(e).
☐ Assumption of Risk: Voluntary assumption of a known risk reduces or bars recovery. Wyo. Stat. Section 1-1-109(c).
☐ Government Claims: Claims against governmental entities subject to Wyoming Governmental Claims Act. Wyo. Stat. Section 1-39-101 et seq.
This template is specific to Wyoming law. Products liability law is complex and varies significantly by jurisdiction. This template must be customized for each case by a licensed Wyoming attorney.