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Odessa Product Liability Lawyer

Odessa Product Liability Lawyer

When we purchase a product, we don’t anticipate it causing harm. Unfortunately, defects are more common than we’d like to think. They can result in serious injuries or even fatalities for consumers. In some instances, manufacturers have been negligent, disregarding safety warnings or producing faulty items.

In these situations, you may have a right to seek compensation for your injuries and other losses. An Odessa product liability lawyer is ready to handle your case. We’ll learn the facts of the incidents, discuss your options, and hold those responsible parties accountable for their actions. Reach out to our office, Barrera Law Group LLC, today.

Understanding More About This Area of the Law

According to the National Safety Council, about 12.7 million people were treated for injuries from consumer goods in 2022. Designers, manufacturers, distributors, and even sellers need to ensure that their products remain safe.

When someone is injured or killed by a defective product, it can lead to a lawsuit. Anyone who purchases an item expects a certain level of safety. When these parties fail to provide that, they can be held liable.

There are numerous causes of product liability claims, such as:

  • Design flaws occur when the initial design is inherently unsafe or poses risks to users.
  • Manufacturing defects arise during the production process. Even if the design is safe, mistakes during manufacturing can result in faulty goods reaching consumers.
  • Inadequate quality control can endanger consumers.
  • Failure to warn about any risks associated with their products often results in liability.
  • Recalls happen due to safety concerns. Ignoring those recalls can lead to a civil lawsuit.

All of these scenarios are negligent. Since the designers, manufacturers, or sellers failed to follow safety regulations, it has led to harm consumers.

Claims like these are assessed based on the strict liability doctrine. Unlike other types of personal injury cases, there is no need to provide negligence. Instead, you and your legal team must demonstrate that the defect directly caused harm and injuries. For a product to be considered defective, it must fall into these three categories:

  • Design defects happen during the item’s design phase. A defective design can cause harm during normal use.
  • Manufacturing defects occur during fabrication due to substandard materials or workmanship.
  • Marketing defects involve false claims or inadequate warnings about risks an item poses.

While these cases may seem less stringent than other personal injury cases, the strict liability principles can be complex. You will want to reach out to an Odessa product liability lawyer to learn more about your legal options.

Examples of Situations Where Others May Be Liable for Harm Products Cause

As hinted at earlier in the description of this area of the law, in Odessa, residents might be injured by defective and dangerous products in numerous ways. Unfortunately, many people unknowingly use these devices, believing they are safe.

When an accident occurs, it can lead to devastating physical injuries and emotional trauma. Some additional examples of reasons consumers file product liability claims or lawsuits aside from the ones already mentioned above may include:

  • Dangerous medications, including cholesterol, birth control, and diabetes medications
  • Faulty vehicles and components, such as air bags and ignition switch failures
  • Medical devices, including breast implants and hip replacement devices
  • Consumer goods include children’s toys, home goods and tools

Product liability laws protect consumers. When an item’s defect causes harm, you may be able to seek compensation. To build a strong case, your defective product claim should include the following elements:

  • Usage: You used the item as intended
  • Defect: It had a design, manufacturing, or marketing defect
  • Causation: It directly caused harm
  • Damages: Actual damages, such as injuries, occurred

If you would like to know whether you have a valid claim, contact an Odessa product liability lawyer to discuss your case. A consultation with our legal team is free.

What Are Common Injuries from Defective Products?

Since defective and damaged products can occur from various sources, a victim can suffer many different types of injuries in these accidents, which may include:

  • Lacerations
  • Cuts
  • Fractures
  • Sprains
  • Burns
  • Concussions
  • Electrocutions
  • Chemical burns
  • Eye injuries
  • Disfigurements
  • Chronic illnesses
  • Death

What To Do if a Defective Product Has Harmed You

If a harmful item has injured you, you need to take a few steps to protect your safety and help establish a legal case. Here are some things to keep in mind:

  • Get medical attention: Your health should be your top priority. Seek medical care as soon as possible to address your injuries. This is vital for your well-being and establishes a clear link between your injury and the faulty product in your medical records. When discussing your injuries with healthcare professionals, mention how and when the specific good caused harm.
  • Gather evidence: Next, you will want to document the incident and preserve the product. Make sure to write down the details of what happened. You may also want to keep an injury diary and note any circumstances, symptoms, and pain you experience. Most importantly, preserve it as evidence. You never want to alter or attempt to fix the defective product. By keeping it in its original state, you can show that it was faulty and caused injuries.
  • Consult with an experienced attorney: After that, you will want to reach out to a product liability attorney. These professionals understand product liability law in Texas and will apply that to your case. They can assess your potential claim and guide you through the legal process.

How Texas Law Can Affect Your Case

Product liability in Texas operates under strict liability. Negligence does not matter. The defendant is liable if a consumer good has a defect and causes harm. Under the Texas Civil Practice and Remedies Code Chapter 82, all manufacturers must make sure all items they release on the market are safe.

Along with the strict liability laws, you also must abide by a deadline to file a claim. Texas has a statute of limitations of two years from the date of injury or discovery of the injury to file a claim. However, the state has a 15-year statute of repose for these cases. This period starts from the item’s sale date by the seller or manufacturer. After that period, you may lose your right to file a lawsuit.

With all those laws in place, you will want to consult with an experienced Odessa product liability attorney. They can ensure that you receive the maximum allowable compensation for injuries from a defective item.

Find Out More About How We Help With Product Liability Cases in Odessa

Defective products can lead to serious injuries and damages. If you have been harmed, you may be able to file a legal compensation claim.

Many times, injured parties don’t know where to start. But when you talk to our Odessa product liability lawyer, you can better understand how to proceed with your claim.

If you are ready to take the next steps, make sure to reach out to Barrera Law Group LLC. Contact our office today to find out who we can assist with your case.

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