Product Liability Lawyer in Texas: What to Do after a Consumer Product Injury

July 21, 2023

Product Liability Lawyer in Texas: What to Do after a Consumer Product Injury

Consumer products play an integral role in our daily lives, making tasks easier and enhancing our experiences. However, there are instances where these products can pose risks, leading to injuries and even fatalities.

If you find yourself injured due to a defective or dangerous consumer product, it is crucial to know your rights and how product liability laws could help you. The product liability lawyer at Wham & Rogers wants you to be as informed as possible as you traverse this difficult time. We hope that the article below can serve as a guide on what to do after experiencing a serious injury caused by a consumer product.

If you have suffered serious bodily injury due to a product defect, call our office in The Woodlands at (832) 592-1108.

What to Do after a Consumer Product Injury

If you are seriously injured by a dangerous or defective product, it is important to take measures right away to protect yourself and your legal rights. Take a look at the following guidance from our product liability lawyer:

Prioritize Your Safety

The first and foremost step after sustaining a consumer product injury is to prioritize your safety and well-being. If the injury is severe, seek immediate medical attention. Even if the injury seems minor, it is advisable to consult a healthcare professional to assess any potential hidden or delayed complications. Prompt medical care not only helps in your recovery but also establishes a crucial link between your injury and the consumer product involved.

Preserve the Evidence

Preserving the evidence is vital when dealing with a consumer product injury. Ensure you keep the product itself, any packaging or labels, receipts, and any documents related to the purchase. Additionally, take photographs of the product and the scene of the incident if possible. Preserving evidence will support your claim should you decide to pursue legal action later.

Report the Incident

Notify the appropriate authorities or regulatory agencies about the incident, especially if it involves a potentially hazardous consumer product. This step is essential for raising awareness and ensuring that the necessary actions are taken to prevent further injuries to other consumers. Reporting the incident can also be helpful in establishing a pattern of issues with the product, strengthening your case if you decide to pursue legal action.

Document the Incident and Your Injuries

Writing a detailed account of the incident, including date, time, location, and circumstances surrounding the injury, is essential. Include any interactions with the product, malfunctions, or warning signs you may have noticed before the injury occurred. Moreover, document the impact of the injury on your daily life, including physical pain, emotional distress, and financial losses. Such documentation will be valuable when seeking compensation for your damages.

File a Consumer Product Safety Complaint

Consumer product safety agencies like the Consumer Product Safety Commission (CPSC) allow individuals to file complaints regarding dangerous products. These complaints can trigger product recalls or investigations, ensuring that hazardous products are removed from the market. Filing a complaint not only protects others from potential harm but also strengthens your case in the event of a lawsuit.

Understand Product Liability Laws

Familiarize yourself with product liability laws to understand your rights as a consumer. Product liability laws typically cover three main types of defects:

Design defects: A product is defective in design if it is unreasonably dangerous to consumers when used as intended. For example, a car with a faulty ignition switch that can cause the engine to shut off while driving would be considered a design defect.
Manufacturing defects: A product is defective in manufacturing if it is different from the manufacturer's specifications, or if it is not made with the same level of care as other products of the same type. For example, a toy with sharp edges that could cut a child would be considered a manufacturing defect.
Failure to warn: A product is defective due to a failure to warn if the manufacturer fails to provide adequate warnings about the dangers of using the product. For example, a drug manufacturer that fails to warn consumers about the side effects of a medication would be considered liable for any injuries that result.

Understanding these laws will help you determine who may be held liable for your injuries. A product liability lawyer can help you explore these laws and pursue the best course of action.

Consult a Lawyer

If you believe your injury resulted from a defective or dangerous consumer product, it is advisable to consult a personal injury lawyer with experience in product liability cases. A lawyer will evaluate your case, explain your legal rights, and guide you through the legal process.

A product liability lawyer can assist you by:

Gathering evidence
Dealing with insurance companies
Negotiating for a fair settlement
Representing you in court

Communicate with the Manufacturer or Retailer

Once you have sought legal advice, consider communicating with the manufacturer or retailer of the defective product. In some cases, they may be willing to offer a settlement to avoid lengthy legal proceedings. However, avoid making any formal agreements or signing documents without consulting your lawyer first.

Preserve Confidentiality

During the process of dealing with a consumer product injury, avoid discussing your case publicly or on social media. Statements made in public forums can be used against you by the opposing party during legal proceedings. Instead, maintain confidentiality and share information only with your legal representative.

Pursue Compensation

If negotiations with the manufacturer or retailer are unsuccessful, your lawyer may advise you to pursue compensation through a lawsuit. Product liability cases can be complex, involving multiple parties, experts, and technical evidence. A skilled product liability lawyer will be crucial in presenting your case effectively and seeking the compensation you deserve.

Get Help from a Skilled Product Liability Lawyer in Texas

Experiencing a consumer product injury can be a traumatic and life-changing event. However, knowing what steps to take after such an incident can significantly impact your ability to recover physically, emotionally, and financially.

At Wham & Rogers, our product liability lawyers in The Woodlands understand the toll that an injury takes on you and your family. We invest our time and resources into advocating for you as if you were part of our own family. Our firm is built on providing caring, compassionate, and comprehensive legal support during difficult legal matters.

If you have been seriously hurt, get the help you need from our skilled product liability lawyer by starting with a free consultation. Call (832) 592-1108, text , (832) 413-1428, or fill out our online contact form.

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18 Wheeler Wreck Closes Major Highway near Austin Texas

By Rene Rogers • April 23, 2025

Austin, Texas - Texas is already one of the most dangerous states for fatal 18-wheeler crashes, and major disruptions from trucking collisions are a near-daily occurrence. This morning, an 18-wheeler and six other vehicles collided near the Austin-area suburb of Georgetown . The severity of any injuries sustained in the commercial vehicle wreck has not yet been reported, but the crash and recovery efforts have led to the complete closure of southbound lanes on Highway I-35. The Texas Department of Transportation warns that traffic will be disrupted for hours. Just last month, commuters on I-35 suffered a major, multiple-fatality accident when a driver for an Amazon delivery contractor crashed his 18-wheeler into 17 other vehicles . Investigations continue into the cause of the crash. Despite the frequency and severity of 18-wheeler and commercial vehicle crashes in Texas, the State Legislature is considering new laws that would protect trucking companies from liability in these wrecks . When combined with other new legislation capping damages that result from these serious 18-wheeler accidents, Texans would be left even more vulnerable. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .

Texas Senate Bills 30 and 39 Sacrifice your Safety for Corporate Profits

By Wham and Rogers • April 10, 2025

Texas has led the nation in large truck crashes since 2017. Despite this, the Texas Legislature is considering bills that would sacrifice Texans' safety for commercial trucking and insurance company profits

Texas Voters Beware: New Senate Bill Would Make Texas Roads Less Safe

By Mark Wham • March 26, 2025

A proposed Senate bill, pushed by insurance company lobbyists, would severely limit damages for victims involved in crashes with 18-wheelers, further tipping the scales in favor of insurance companies at the expense of Texans’ rights.

Semi-Truck Driver Arrested After Multiple Fatality Texas Crash

By Rene Rogers • March 15, 2025

Five people were killed and eleven injured in a major, multi-vehicle collision on the evening of March 13th in Austin, Texas. According to NBC affiliate KXAN , one individual has been charged: "Police sources confirmed with KXAN the person arrested was the driver of a semi-truck hauling for Amazon. The driver involved in this incident is not an Amazon employee. … The owner of ZBN Transport LLC said Friday afternoon there’s been no contact with its semi-truck driver." (KXAN) According to Austin police, the alleged driver has been charged with multiple counts of intoxication manslaughter. Amazon, like many other large corporations, has chosen to expand its operations via an array of third-party contractors rather than relying solely upon employees. This provides the company with greater flexibility on pay and benefits, and may also seem like attractive way to reduce liability for accidents like the above. However, many large corporations have discovered that merely declaring a worker to be an “independent contractor” does not necessarily make it so. In one notable example, a court of appeals in Oregon ruled that Domino’s Pizza, Inc. was directly responsible for an accident caused by one of their franchisee’s delivery drivers, and could not disclaim liability . A decade later, the Supreme Court of Ireland found the same. Amazon has also faced legal scrutiny over its "Delivery Service Partner" program in the state of Georgia: "Jurors Thursday handed down a $16.2 million verdict at trial against Amazon Logistics and a service partner. ... Notably, jurors also concluded that Amazon exercised sufficient control over defendant Fly Fella Logistics to render the delivery giant liable ." (Courtroom View Network) To be considered truly “independent”, a contractor should exercise significant control over his own schedule, and be able to make decisions over how and when to provide services. When a company policy guarantees a specific delivery timeframe, or denies digital app or marketplace access to a contractor based on number of jobs taken per week, they may risk having the supposedly “independent” contractor being considered an employee. If you have been seriously injured by a commercial driver, or a contractor for a major corporation, the Texas 18-wheeler accident experts at Wham & Rogers, PLLC can help. Speak to an attorney today by calling (832) 592-1108 or leaving us a message on our contact page.

The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

18 Wheeler Wreck Closes Major Highway near Austin Texas

By Rene Rogers • April 23, 2025

Texas Senate Bills 30 and 39 Sacrifice your Safety for Corporate Profits

By Wham and Rogers • April 10, 2025

Texas Voters Beware: New Senate Bill Would Make Texas Roads Less Safe

By Mark Wham • March 26, 2025

Semi-Truck Driver Arrested After Multiple Fatality Texas Crash

By Rene Rogers • March 15, 2025

Distracted Commercial Drivers

By Rene Rogers • March 9, 2025

Up to 40% of all commercial truck accidents are caused by distracted driving. In 2018, there were 4,832 deaths caused by distracted truck drivers. That number was 4,977 in 2019 and 4,777 in 2020, according to the Federal Motor Carrier Safety Administratio n. The categories of distracted driving tracked by the FMCSA include: Talking or Listening to Cellular Phone Other Cellular Phone Related Using or Reaching For Device/Object Brought Into Vehicle Eating or Drinking Dialing/Manipulating Cellular Phone a Lost In Thought/Day Dreaming Adjusting Audio and/or Climate Controls Using Other Device/Controls Integral to Vehicle Distracted By Other Occupant(s) Careless/Inattentive Distracted By Moving Object in Vehicle Distraction/Careless Looked But Did Not See Smoking Related Cell phone use by truck drivers It’s important to note that the FMCSA prohibits texting and the use of handheld devices by truck drivers. Violations can result in fines, and even suspension of commercial driver’s licenses. Drivers who use handheld devices are 4x more likely to be in a serious crash. Text messaging increases the risk of a collision by 23 times. Cell phone use delays a driver’s reaction time as much as a blood alcohol concentration of 0.08%. How does distracted driving affect truck drivers’ performance? Distracted driving can slow the driver’s perception of traffic events, resulting in delayed reaction times. Slow reaction times may cause incorrect steering, too much brake pressure or inaccurate accelerator pressure. What can trucking companies do to reduce distracted driving by truck drivers? Require regular distracted driving training for drivers; Install distracted driving software which blocks use of social media, streaming video and texting while driving; Develop a distracted driving policy and require each employee to sign it, requiring them to agree to follow the policy. Enforce their distracted driving policy—and reprimand employees who fail to follow the policy. Educate dispatchers: Dispatchers shouldn’t expect immediate responses if drivers are on the road. Remind drivers to set their voicemail and call forwarding when on the road. Use driver facing cameras to ensure compliance with the safety rules. If you have been the victim of distracted driving by a commercial driver, Wham & Rogers can help you. We can rapidly respond to a collision in order to download the electronic control module and when necessary, download the phone of the distracted driver. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation. ‬

How to Protect Your Family on the Road

By Rene Rogers • February 26, 2025

If you drive on Texas highways you have likely encountered some situations which you felt were unsafe or even dangerous. As a parent or grandparent, we especially worry about protecting our children from dangerous drivers, particularly from large commercial vehicles such as 18 -wheelers. How to protect your family while on the road with 18-wheelers: Be alert and aware of your surroundings when driving near 18-wheelers. Keep watch where the truck is and where other nearby cars are located and their movement. Being alert can give you time to move out of the way and to safety in the event of a collision. Don’t crowd 18-wheelers. When driving behind a semi- truck, leave enough space to stop in case the driver must slam on his brakes. You do not want to rear-end an 18-wheeler. Pass safely. When passing an 18-wheeler, stay closer to the shoulder than to the truck and pass as quickly as you can safely pass. If you linger next to the 18-wheeler, you may be in their blind spot. Don’t cut in front of a semi-truck. It takes large trucks a long distance to stop. Leave enough space between you and the truck so they can avoid hitting you in the event of a slowdown. Avoid the big rig’s blind spots. Large trucks have multiple blind spots, including the right side of the truck, directly in front of the truck, and directly behind the trailer. To protect yourself, stay out of these blind spots. The old adage is that if you can’t see the driver in the mirror, they can’t see you. Use your turn signal. Always use your turn signal when you are changing l anes or making a turn. Give the big rig driver sufficient warning of where you are moving to so he can avoid hitting you. If you travel in mountainous areas, you may have seen the runaway truck ramps. These ramps are there because trucks can have brake failures on steep slopes. Stay away from big trucks on both inclining and declining slopes to protect yourself in the event of a runaway truck. If you are sharing the road with a big truck and the road is steep, stay as far away as you can in the event of a brake failure. 18-wheelers take very wide turns due to their length. Give them enough space when they are turning so they don’t hit you. Here are some other safe driving tips to help keep you and your family safe while on the road: Avoid distractions, such as texting, applying make-up and eating; Watch out for and move away from drivers who are swerving or otherwise demonstrating that they are distracted by texting on their phone; Always make sure your child is in the proper car seat, even when traveling in someone else’s vehicle; Keep a proper distance between you and the vehicle ahead of you. Keep enough space to that if the traffic stops ahead of you that you have time to stop; Check your rear and side mirror often. You may be able to change lanes to avoid a collision if you are keeping a close lookout; Allow enough time to get to your destination so you don’t have to rush; Plan your route ahead of time and use voice-activated navigation systems so that you can focus on driving rather than searching for the road you need to turn on; Obey the posted speed limits; Take breaks—don’t become fatigued; Keep a first aid kit in your car and if you are traveling in desert areas, keep extra water in your car. If you are traveling in icy conditions, make sure you have the proper tires and chains, if required. Also, make sure you have blankets and other supplies to stay warm if you are stranded. The attorneys at Wham & Rogers have years of experience in 18-wheeler collision cases. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation.

Do I need a personal injury attorney?

By Rene Rogers • February 19, 2025

If you have sustained serious injuries due to someone else’s negligence, you should consult with a personal injury attorney right away. If you delay in retaining an attorney, you take the risk that evidence favorable to you will disappear. You also risk being misled or taken advantage of by the insurance company.

On the Job Injuries and the Non-Subscriber Employer

By Rene Rogers • February 12, 2025

Don’t all employers in Texas have to carry worker’s compensation insurance? No. Texas is the only state that does not require private employers to carry worker’s compensation insurance. How do I find out if my employer carries worker’s compensation insurance? You can search the Texas Department of Insurance page here: https://www.tdi.texas.gov/ Many large employers such as Amazon, Walmart, HEB, McDonald's, Home Depot, Kroger, Target, Dollar General, Hobby Lobby, and Whole Foods are non-subscribers, meaning that they do not have worker’s compensation insurance. If you are employed by one of these companies and are injured on the job, you have a "non-subscriber" claim. I’ve been injured on the job and my employer is a non-subscriber. What rights do I have? You have the right to recover for all damages you suffered. Your recovery is not limited by the Texas Worker’s Compensation Act. As the employee of a non-subscriber, you must prove the negligence of your employer. Your employer has a duty to provide you with a safe workplace. If you are injured by your employer’s failure to provide proper safety equipment, failure to properly train your coworkers, or assigning you tasks outside your job description, you may be able to recover for your employer’s negligence which caused your injuries. If there is an on-the-job fatality, the family members of the worker who lost his life may be able to file a claim for wrongful death against the non-subscribing employer. When an employee is injured as a result of his or her employer’s negligence, the employee may recover more in damages than if the employer had worker’s compensation insurance. What damages can I recover in a non-subscriber case? A non-subscribing company may be sued for damages such as pain and suffering and medical expenses. The non-subscribing company may also be held liable for gross negligence or punitive damages. What defenses do non-subscriber employers have when employees are injured? Non-subscribing employers may not claim that their employees were contributorily negligent or that the employee assumed the risk of the dangerous activity they were assigned to do. Non-subscribers cannot escape liability for their employee’s injury because a coworker was at-fault. Non-subscribing employers are able to escape liability if an employee is intoxicated, reckless or deliberately caused their own injury. Can I sue my employer for an on-the-job injury if my employer has worker’s comp? No. If your employer has worker’s compensation insurance, your sole remedy is through the worker’s compensation system. At Wham & Rogers, we have years of experience handling non-subscriber cases. If you have been injured on the job and your employer is a non-subscriber, call us at 832-592-1108 or text us at (832) 413-1428‬ for your free consultation.

Houston 18-wheeler wreck causes Injuries and Death - Suspect Sought by Police.

By Rene Rogers • February 3, 2025

On the night of January 31st, drivers and passengers waiting at the intersection of East Sam Houston Parkway and Sabo Road were struck by an 18-wheeler . In addition to the truck, a further six vehicles were damaged in the collision, with at least two occupants, including a child, sustaining injuries. Tragically, one driver lost his life. The driver of the 18-wheeler reportedly left the scene rather than rendering aid to the victims . Fleeing the scene of a crash can severely increase legal penalties under these circumstances: hit-and-runs that result in death carry sentences up to 20 years in Texas. The suspect is still at large, but will probably be identified soon from security camera footage recorded before, during, and after the wreck. Beltway 8, of which Sam Houston Parkway is a part, has high definition cameras that record license plates at regular intervals. What should you do if you are hit by an 18-wheeler? If you have been in a collision with an 18-wheeler, it is critical to retain counsel right away to investigate the collision and to ensure evidence is preserved . In this situation, an attorney can send preservation letters to all vehicle owners who were involved in the collision to request preservation of dash cam video and electronic control modules. An attorney can also hire an investigator to canvas local businesses for video footage of the collision in order to track down the 18-wheeler driver and company.

Get Your Crash Report Without Getting Scammed

By Rene Rogers • January 7, 2025

Always order your crash report from a .gov site