Legal Question in Personal Injury in Wisconsin

Yes, tort law can always be used against any company, although a better question is probably whether or not you would be likely to win such a suit in a cost effective fashion. One complication is that in commercial transactions, WI recognizes the "Economic Loss Doctrine" with regards to defective products, which might sometimes apply to installation of a product if sold by the same vendor. At risk of over-simplification, damages are often limited by the courts only to the cost of replacing the product and recovery is not extended to damages to other rights or property which may be harmed as a consequence of the defective product (unless a product warranty assumes greater responsibility on the part of the product manufacturer). How this doctrine would play out of various scenarios is difficult to predict even with a detailed factual background, and impossible to predict based upon the nonexistent factual background which you provide here. Whether an installer could be categorized as a manufacturer subject to this doctrine is equally difficult to predict and dependent upon complex and conflicting case law. Furthermore, this law may be applied differently in consumer transactions or in cases involving personal injuries. You therefore need to contact an experienced civil litigation lawyer to go over your case in detail and advise you on these issues. Short of that, you should certainly read over your warranty in detail, since it may limit your rights to recover any sort of consequential damages, although such warranties can sometimes be challenged in various different types of consumer transactions. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to being used against you in court. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information.