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Injured By a Dangerous or Defective Product in Odessa, TX?

If a dangerous or defective product has caused you harm, you deserve justice and compensation. At Braker White, we fight to hold manufacturers accountable and help ensure you get the support and recovery you need. Get a free case review from an Odessa product liability attorney today.

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Odessa Product Liability Lawyer

Navigating a product liability claim can be complex and challenging, but our experienced product liability lawyers in Odessa can provide the guidance and support you need. At Braker White, our attorneys are dedicated to holding manufacturers and distributors accountable for the safety of their products. We understand the intricacies of Texas product liability law and are committed to fighting for the rights of those injured by defective products. We strive to secure the maximum compensation for our clients, ensuring they receive the justice they deserve.

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We Make It Easy To Get Help

Whether you give us a call, fill out our online form, or stop by our office, we make getting help with your case easy. Our consultations come at no cost to you, so don’t hesitate!

You Have The Right To Compensation

Your rights are legally protected, and we work hard to defend them. If you have a case, we fight for every dollar you deserve.

No Upfront Fees

We operate on contingency, meaning you don’t pay us unless we win compensation for you. There are no upfront fees and no risks when working with us!

Types of Product Liability Cases

Product liability cases generally fall into three categories:

  • Design Defects: These occur when a product is inherently dangerous due to its design, even if manufactured correctly. An example would be the Takata airbag case, which involved a massive recall of tens of millions of vehicles worldwide due to defective airbag inflators that could explode, resulting in numerous injuries and fatalities to passengers.
  • Manufacturing Defects: These defects happen during the manufacturing process, resulting in products that are not made according to the intended design. A batch of medication contaminated during production is an example.
  • Marketing Defects: Also known as “failure to warn,” these involve inadequate instructions, warnings, or labels, leading to improper use and injury. For instance, a cleaning product that fails to warn about dangerous fumes.

Texas Product Liability Law

Texas product liability law is outlined in the Texas Civil Practice and Remedies Code. Key points include:

  • Strict Liability: Texas follows a strict liability standard for product liability cases, meaning that you do not need to prove negligence; you only need to show that the product was defective and caused your injury.
  • Statute of Limitations: Under Texas law, you generally have 2 years from the date of injury to file a product liability lawsuit.

With strict liability and specific time limits in place, taking prompt legal action can make all the difference in securing the compensation you deserve. Reach out to a defective product lawyer with a comprehensive understanding of Texas product liability law today. 

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Damages Available in Product Liability Cases

Victims of defective products in Odessa may be entitled to various types of damages, including:

This includes compensation for all medical costs incurred due to the injury, such as hospital bills, surgeries, medications, physical therapy, and any future medical treatments required.

If the injury has caused you to miss work, you can recover the income you lost during that period. Additionally, if the injury affects your ability to earn in the future, you may be entitled to compensation for reduced earning capacity.

Beyond the financial impact, injuries from defective products can cause significant physical pain and emotional distress. Compensation for pain and suffering aims to address these non-economic damages.

In cases where the defendant’s actions are found to be particularly egregious or reckless, punitive damages may be awarded. These are intended to punish the wrongdoer and serve as a deterrent against similar conduct in the future.

It’s essential to work with a qualified product liability lawyer to accurately assess and pursue all the damages you are entitled to. A thorough evaluation of your case can ensure you receive the maximum compensation to support your recovery and future well-being.

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Establishing Liability for Defective Products

To establish liability in a product liability case, you must prove:

  1. The product was defective.
  2. The defect existed when the product left the manufacturer’s control.
  3. The defect caused your injury.
  4. You were using the product as intended or in a reasonably foreseeable manner.

Evidence such as expert testimony, product recalls, and consumer complaints can be crucial in proving these elements.

Who Is Liable For Defective Products in Texas?

In Texas, several parties can be held liable for a defective product, depending on the specifics of the case. These parties include:

  • Manufacturers: The company that designed, created, and produced the defective product can be held responsible for any harm caused by defects in the product’s design, manufacturing process, or materials used.
  • Distributors: Entities involved in the distribution chain, including wholesalers and suppliers, can also be held liable if they distributed the defective product.
  • Retailers: The store or business that sold the defective product to the consumer can be held accountable, even if they were not directly involved in the product’s manufacture or design.
  • Component Part Manufacturers: If a specific component of a product is defective and causes injury, the manufacturer of that component can be held liable.

Establishing liability for defective products requires thorough investigation and compelling evidence. By identifying all responsible parties, you can build a strong case and pursue fair compensation. Consult with a product liability lawyer who can help build your case and prove fault for your injuries.

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Odessa Product Liability Lawyer FAQs

If you are injured by a defective product, taking immediate and appropriate steps can significantly impact the outcome of your case. Ensuring your health and preserving evidence are critical to building a strong product liability claim. Here are the essential steps you should follow:

  • Seek medical attention immediately: Your health and safety are the top priority. Get the necessary medical care to address your injuries.
  • Preserve the product and any evidence related to your injury: Keep the defective product, its packaging, the receipt, and any related documentation. These items will be crucial evidence in your case.
  • Document your injuries and any financial losses: Keep detailed records of your medical treatment, expenses, lost wages, and any other costs associated with your injury.
  • Contact a product liability lawyer as soon as possible: An experienced lawyer can provide the guidance and support you need to navigate the legal process and maximize your chances of receiving fair compensation.

Yes, Texas follows a modified comparative fault rule, which allows you to recover damages as long as you are not more than 50% at fault.

Common injuries from defective products include burns, cuts, broken bones, poisoning, and electrical shocks. These injuries can result from faulty appliances, unsafe toys, contaminated food, and malfunctioning machinery. The severity of injuries can range from minor to life-threatening, often requiring extensive medical treatment.

The duration of a product liability case varies, typically ranging from several months to a few years. Factors influencing the timeline include the complexity of the case, the willingness of parties to settle, and the court’s schedule. An experienced lawyer can help streamline the process by effectively managing investigations and negotiations.

Settlement amounts for product liability cases in Texas can vary widely based on the specifics of each case. While minor cases might settle for a few thousand dollars, more severe cases involving significant injuries or wrongful death can result in settlements reaching hundreds of thousands or even millions of dollars. Consulting with a lawyer can provide a more accurate estimate based on your circumstances.

Yes, keeping the defective product is crucial as it serves as key evidence in your case. Preserving the product in its current state can help demonstrate the defect and establish liability. Additionally, retaining any packaging, manuals, and receipts related to the product can further support your claim.

Yes, you can still file a claim even if the product was recalled. A recall can strengthen your case by acknowledging the product’s defect. However, you must still prove that the defect caused your injury and that you were using the product as intended or in a reasonably foreseeable manner.

You should hire a defective product lawyer as soon as possible after your injury. Early involvement allows your lawyer to gather crucial evidence, handle communications with manufacturers and insurers, and advise you on the best course of action. Prompt legal assistance can significantly enhance your chances of a successful outcome.

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How an Odessa Defective Product Attorney Can Help

An experienced product liability attorney provides invaluable assistance throughout the legal process, ensuring that your case is handled effectively and with the utmost care. Here’s how an attorney can help:

  • Investigate the circumstances of your injury: Conduct a thorough examination of the incident.
  • Identify all liable parties: Determine everyone responsible, including manufacturers and distributors.
  • Gather and preserve crucial evidence: Collect and safeguard all pertinent documentation and physical evidence.
  • Work with experts to build a strong case: Collaborate with industry specialists to support your claims.
  • Negotiate with insurance companies and opposing counsel: Handle discussions to seek a fair settlement.
  • Represent you in court, if necessary: Provide legal representation during trial proceedings.

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Our Odessa Product Liability Attorneys

Attorney Robert White

Attorney Robert White

Greta Baker, Odessa Personal Injury Lawyer

Attorney Greta Braker

Consult With a Product Liability Lawyer in Odessa Today

If you have been injured by a defective product, do not hesitate to seek legal assistance. Our team of product liability lawyers in Odessa is dedicated to helping defective product victims get the compensation they deserve. Contact us today for a free consultation and let Braker White help you navigate the complexities of your product liability claim.

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Connect with us at Braker White! By entering your phone number and submitting your information, you consent to receiving marketing communications via phone calls and SMS text messages from Braker White and/or our associated partners, using an Automated Telephone Dialing System (ATDS). Message and data rates may apply. You can opt out of text messages at any time by texting STOP. By clicking Submit, you agree to our Terms and Conditions. Please be sure to review our Privacy Policy.
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