Practice Areas

Talcum Powder

Talcum powder, such as that found in Johnson & Johnson baby powder, has been a standard household item for over 100 years. On May 2, 2016, a jury in St. Louis, Missouri ordered Johnson & Johnson to pay $55 million to a woman from South Dakota, finding that the woman’s ovarian cancer was caused by years of using talcum baby powder. This follows a February 2016 jury verdict, of $72 million to the family of an Alabama woman who also died of ovarian cancer believed to be caused by use of Johnson & Johnson’s baby powder and other talcum products. The lawsuits and a discussion of the associated cancer risks from talcum powder were recently covered by The New York Times’ “Well” blog.

Evidence showed that Johnson & Johnson knew about the risks of using a product that contains talc, but failed to warn consumers.

Talc, a naturally occurring mineral, contains magnesium, silicon, oxygen and hydrogen and is used to absorb moisture. In powdered form, talc absorbs moisture and cuts down on friction, which is why it’s popular for preventing rashes and keeping skin dry.

The attorneys at the Law Offices of James S. Rogers are currently handling cases of individuals that have developed ovarian cancer as a result of talcum powder use.

Church — Catholic, Mormon, Episcopalian

Faith-based institutions are meant to be shelters against the perils of the world. When the trust between clergy and the children in their care is shattered by abuse, the institutions too often turn a blind eye to victims, leaving them damaged and helpless. The attorneys at the Law Offices of James S. Rogers have represented victims of clergy sexual abuse for nearly two decades with a proven record of securing justice for clients.

Schools — Teachers, Coaches, Principals, Students

Children thrive best in an environment built on trust and safety, and the adults charged with facilitating learning and supplying guidance have a shared responsibility to sustain it. Seeking justice for children who were sexually abused doesn’t just mean bringing an individual perpetrator to trial, it also requires holding the school and district accountable for failing to protect its students. School employees have a responsibility to report potentially volatile or dangerous information to the proper authorities. When a preventable situation results in personal harm, the school and its employees may be liable. With a long track record of winning verdicts and settlements, the attorneys at the Law Offices of James S. Rogers will stand up to any institution and fight to secure a just recovery for our clients.

Campus Rape/Title IX Matters

The United States Supreme Court has made clear that, under Title IX, students may seek monetary damages from schools that have been deliberately indifferent to risk of sexual assault or harassment by teachers, staff, or fellow students. Additionally, if a school or university fails to properly investigate and/or respond to a victim’s report of sexual assault, a Title IX claim may arise. It is essential that a school or university’s investigation be examined by attorneys with expertise in prosecuting sexual assault cases. The attorneys at the Law Offices of James S. Rogers have this expertise and are dedicated to advocating for the rights of sexual assault victims.

Youth Groups — Boy Scouts, Boys & Girls Club

Extracurricular groups can be essential social and support networks for youth, teaching important skills and providing structure. Unfortunately, these trusted institutions can also camouflage predators and provide opportunity for the sexual abuse of vulnerable children. The attorneys at the Law Offices of James S. Rogers have a deep commitment to holding youth groups accountable and have shown tireless dedication and an unmatched record of success in their pursuit of justice on the behalf of sexual abuse victims.

Child Protective Services (CPS)/Department of Social and Health Services (DSHS) Failings/Foster Homes

It is the responsibility of the government entities assigning foster care and social services to provide vulnerable children a safe place to live. They have a duty to protect those children that they take into their care. It is essential that they ensure that foster parents are qualified and capable of providing the care that children need. When sexual and physical abuse occurs as a result of their failures, malfeasance, or negligence, these agencies must be held accountable. With unrivaled knowledge and understanding of the systems and procedures involved, the attorneys at the Law Offices of James S. Rogers have sought and won damages in multiple foster care abuse cases.

Youth Camps

As a parent, putting a child in someone else’s care is the ultimate act of trust. As a child, leaving the safety of your family for days or weeks at a time is truly an act of courage. Those who take advantage of this vulnerability and abuse the children in their care must be held accountable, and so must the agencies that employ and enable them. The attorneys at the Law Offices of James S. Rogers have the experience and passion to pursue justice for those abused at youth camps and approach each case with tireless dedication.

Physician on Patient

Medical practitioners provide essential services and the importance of their role can’t be overstated. We rely on them to keep us healthy and trust them with our very lives. When the Hippocratic Oath is broken and abuse occurs, it’s often against a person who is compromised and vulnerable. The attorneys at the Law Offices of James S. Rogers are the voice for those who have none and the legal team for the vulnerable who need it most.

Highway Design and Transportation Litigation

Automobile's are designed and manufactured to protect occupants during an impact. When vehicle occupants are injured or killed, vehicle manufacturers and sellers might be liable for injuries and damages. We've successfully litigated cases against the largest auto companies in the world, from Ford to Toyota.
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Product Liability

As consumers, we trust the products we buy and use to be safe. When defective products cause harm, legal damages may be sought.

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Sexual Abuse

The emotional and psychological damage caused by childhood sexual and physical abuse can result in a lifetime of pain and suffering. In many cases the abuser is a trusted adult and respected member of the community. The attorneys at the Law Offices of James S. Rogers treat each case individually, with compassion and attention to detail and have the expertise, resources, and track record to stand up to the toughest opponents.

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Government Liability and Accountability

Our government exists to protect us. We rely on our state, county, and local governmental organizations to provide essential services that are necessary for the health, safety, and welfare of the public. Unfortunately, there are occasions when governmental organizations and individual government employees fall beneath the standard or care expected of those entrusted to provide such vital services to our citizenry.

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Catastrophic Injury and Wrongful Death

Accidents happen. At work and at play, while traveling and at home, unforeseen risks and countless variables are present. If an accident results in serious injury or death, certain entities may be complicit or responsible and therefore liable for damages.

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Medical Malpractice

The amount of trust we place in our medical professionals can't be understated. In life and death situations, we need to know that the care we receive will be careful, considerate, and appropriate.

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Takata Airbags

In October of 2014, the National Highway Traffic Safety Administration (NHTSA) recalled cars with airbags manufactured by the Japanese supplier, Takata. A propellant inside the airbags was deemed unstable and could explode even in a minor accident. This sent metal shards flying into the cabin, causing injuries and death. Recalls continue to grow and consumers continue to drive at-risk vehicles with Takata airbags.

GM Ignition Switches

In February of 2014, GM recalled 2.6 million Chevrolet Cobalts and other small cars that had faulty ignitions that could unexpectedly turn off the engine. This disabled power steering, power brakes and the airbags. GM added additional waves of recalls until more than 30 million vehicles were recalled.

The Law Offices of James S. Rogers represented families of two people that died in separate accidents caused by ignition switch failures.

Sudden Unintended Acceleration

Since 1999, more than 2,000 Toyota and Lexus owners have reported to the National Highway Safety Administration and other agencies incidents where their vehicles suddenly accelerate, a phenomenon known as Sudden Unintended Acceleration (SUA), when the driver’s foot is not on the pedal. As of Feb. 2010 SUA in Toyota and Lexus vehicles was reported to be the cause of 814 crashes, 341 injuries and 19 deaths.

For more information on SUA visit: www.safetyresearch.net/toyota-sudden-unintended-acceleration

Seat Back Failure

In March of 2016, a Texas jury awarded a more than $124.5 million verdict against Audi after an 11-year old boy suffered permanent brain damage in an automobile accident. The child was sitting behind his father in the back seat of the car. Upon impact, the driver’s seat collapsed backward and the boy’s father flew backward into the boy causing his injuries.

Seat back failure during crashes have also been seen in incidents involving almost every major American, Japanese and Korean automaker.

Roof Crush

In accidents that involve a rollover, some vehicles’ roofs crush due to weak or poor design. This poses a serious risk to drivers and passengers, as the roof often enters the occupant’s survival space. This can cause brain injury, paralysis or death.

Alternatives that prevent roof crush, from roll bars to reinforced roof supports, exist. But, it is ultimately the auto manufacturer that decides if they should install these items.

Stronger regulations that require more stringent testing of vehicles to prevent roof crush was implemented in September of 2015. Though the standard is an improvement, it still does not go far enough to protect occupants.

Airbag Deployment

Airbag deployment is often key to preventing and minimizing the effects of a crash. But, injuries from defect airbags can cause serious injuries.

The Law Offices of James S. Rogers has secured settlements for individuals that have suffered serious spinal cord injuries, blindness and death.

Jeep Fires and Fuel Tank Replacement Fires

Chrysler, maker of Jeep, in 2013 and 2014 recalled 1.5 million vehicles because of the risk that the gas tank could explode in a rear-end accident. For the vehicles in question, the gas tank hangs below the rear bumper, exposing it to the risk upon impact.

As of March 2015, the government estimates deaths from deadly fires in jeeps is upwards of 50 people.

Tests have shown that the dangers are prevalent in 1993-2004 Jeep Grand Cherokees and 2002-2007 Jeep Liberties.

Tire Failure/Tread Separation/Aging

Old tires pose a significant risk, regardless of their tread condition, to consumer safety and put individuals at risk of serious injury or death. But many consumers do not know how to determine the age of the tires they purchase, and many businesses do not actively disclose the age of a tire.

The Law Offices of James S. Rogers represented Diana Hubner in a wrongful death suit after Diana’s husband, Clayton, died in 2012 when the tread on the tires of the truck in which he was a passenger separated, causing the driver to lose control of the truck. Just a month and a half before the crash, Diana had the tires inspected and they were cleared as safe to drive. They had safe tread, but the tires were 14 years old. Most manufacturers recommend tires be tossed six years after their manufacturer date.

Consumers should always look for the DOT number on the tire, which tells the week and year they were manufactured, before purchasing.

Carbon Monoxide Poisoning/Keyless Car Models

Many car manufacturers are now offering keyless ignition and entry options for new cars. All that’s needed to unlock and start a car is for a fob to be close enough to the car to trigger the locks and ignition.

An unintended consequence of this new system is that while the fob is required to be in the area of the car for the car to start, it’s not the same for the car to shut off.

Many fatalities have been reported from individuals driving their keyless car into their enclosed garage, closing the garage door and entering the house without shutting off the car. The car will continue to run until it runs out of gas, often allowing dangerous and potentially deadly levels of carbon monoxide to fill the garage and home.

In Custody Deaths

When a person is in custody they are entitled to adequate medical and mental health care. When a jail or prison ignores the serious medical and mental health needs of an inmate, and an inmate dies, justice requires a full investigation into the circumstances surrounding their death. Working with top investigators and experts who can assess jail conditions and the actions of jail employees and administrators, the attorneys at the Law Offices of James S. Rogers have extensive experience in successfully litigating cases against jails, securing just recovery for the families of those who have died while in custody.

Highway Safety/Guardrail Design/Dangerous Roadways/Crosswalks

Accidents are not only caused by driver negligence. Sometimes the roadways are unsafe. States must eliminate hazards and other dangerous conditions that pose a threat to the lives of drivers by constructing sufficient guardrails and median barriers, maintaining clear zones on the shoulders of highways, warning of hazardous conditions by placing signs in the appropriate locations, and clearly defining crosswalks for pedestrians. Governments also have a duty to contract with and utilize reliable contractors and must avoid installing defective equipment like the faulty guardrails produced by Trinity Industries and installed on highways across the country that have been linked to dozens of accidents, some of which were fatal. The attorneys at the Law Offices of James S. Rogers employ top engineering, safety, and human factors experts in the field when handling these type of cases. As a result of our work, not only have victims received justice, but governmental entities have made roadways safer for the general public.

Child Protective Services (CPS)/Department of Social and Health Services (DSHS) Failings/Foster Homes

It is the responsibility of the government entities assigning foster care and social services to provide vulnerable children a safe place to live. They have a duty to protect those children that they take into their care. It is essential that they ensure that foster parents are qualified and capable of providing the care that children need. When sexual and physical abuse occurs as a result of their failures, malfeasance, or negligence, these agencies must be held accountable. With unrivaled knowledge and understanding of the systems and procedures involved, the attorneys at the Law Offices of James S. Rogers have sought and won damages in multiple foster care abuse cases.

Department of Corrections (DOC) Inadequate Supervision

The Department of Corrections (DOC) plays an essential role in protecting the public from those persons who have been convicted of a crime. In addition to determining when an individual should be released from jail or prison, DOC is also responsible for supervising certain offenders following their release. Oftentimes those persons have committed violent crimes or sexual offenses. When DOC fails to adequately supervise these offenders, they are able to reoffend and victimize more members of the public. The attorneys at the Law Offices of James S. Rogers have experience pursuing justice for victims of inadequately supervised offenders.

Schools

As the eyes and ears monitoring our youth, school staff are often the first line of defense against situations that might put a student or others at risk. School employees have a responsibility to report potentially volatile or dangerous information to the proper authorities. When a preventable situation results in personal harm, the school and its employees may be liable. The attorneys at the Law Offices of James S. Rogers are experienced in school liability and can help settle claims filed against government entities.

Harmful Mold in Hospitals

Hospitals often see patients who are at their most vulnerable, and their operating rooms should be free of invasive mold that can harm patients. We trust that our hospitals are going to make us healthy, not make us sick. Aspergillus is a type of mold that most people are exposed to everyday. It can be found on dead leaves, compost piles, vegetable matter, grain, and foods. In those with weakened immune systems, this mold can be dangerous. Symptoms caused by aspergillus can be anything from fever and chest pain, to kidney or liver failure. For those who are already hospitalized, especially children, exposure to aspergillus can be deadly.

Birth Injury

While most infant deliveries are joyful events, occasionally complications can occur and compromise infant safety. If the doctors administering care are found to be responsible, either for failing to diagnose a prenatal condition or by prescribing inappropriate and harmful medication, they may be liable for damages. The attorneys at the Law Offices of James S. Rogers can help families who have endured injury and hardship due to obstetric negligence.

Failure to Diagnose

Patients trust the medical community and its extensive database of knowledge to correctly diagnose the symptoms for which they seek care. Whether a physician diagnoses a condition late, incorrectly or not at all, they may be found negligent and liable for damages. The attorneys at the Law Offices of James S. Rogers have successfully brought and won multiple cases of failed diagnosis.

Prescription Medication and Drug Errors

Correctly and carefully administering prescription medication is a major component of modern healthcare, and patients trust their doctors to know what is safe and appropriate for them to ingest. When drugs are mislabeled, inaccurately dosed, combined with conflicting medications, or incorrectly prescribed, the results can be harmful or even fatal. The attorneys at the Law Offices of James S. Rogers have experience representing those harmed by prescription drug errors.

Hospital Malpractice (including failure to prevent falls)

Hospitals are expected to be places of healing and recovery. When injuries occur on premises and the hospital is found responsible, they may be liable for damages. Whether as a result of staff error or an unsafe environment, the attorneys at the Law Offices of James S. Rogers are experienced in pursuing cases for patients injured on hospital property.

Surgical Malpractice

A certain amount of inherent risk is present in every surgical operation, but when harm occurs outside the realm of informed consent, the doctor and/or hospital may be liable. Incompetence, fatigue, neglect or miscommunication are all possible causes of surgical error, and the attorneys at the Law Offices of James S. Rogers are experienced in investigating surgical malpractice.

Awards and Recognition

• Best Lawyers 2020 Seattle Plaintiffs Product Liability Litigation “Lawyer of the Year”
• Best Lawyers 2018 Seattle Plaintiffs Product Liability Litigation “Lawyer of the Year”
• Best Lawyers 2015 Seattle Plaintiffs Product Liability Litigation “Lawyer of the Year”
• The Best Lawyers® in America, personal injury and product liability (2002-2015 editions).
• Super Lawyer 2000-2015; Top 100 Super Lawyer (in state) (2010 – 2015)
• Widely recognized as the most respected list of attorneys in practice selected by one’s peers
• Washington Defense Trial Lawyers, Outstanding Plaintiff’s Trial Lawyer of the Year (2010)
• Washington State Trial Lawyers Association, Trial Lawyer of the Year (1998)
• Washington State Trial Lawyers Association, President’s Award (2002)
• Named one of the “Top Lawyers” by Seattle magazine, (2003, 2005 and 2007)
• (Seattle magazine has not published its “Top Lawyers” lists since 2007)
• Martindale-Hubbell “AV” rated (highest rating) (since 1979)
• AVVO “10″ rating (highest rating)

Publications & Speaking Engagements

Notable Honors and Board Positions

Notable honors and board positions obtained by Mr. Rogers include:

• President of the Damage Attorneys Roundtable (DART). DART is an invitational group of the leading plaintiff personal injury trial lawyers in Washington State.
• International Academy of Trial Lawyers Foundation Board of Trustees (IATL). The IATL is a group of elite international lawyers and is recognized as being one of the most prestigious trial lawyer organizations.
• Best Lawyers® 2021 Seattle Personal Injury Litigation- Plaintiffs “Lawyer of the Year”
• Best Lawyers® 2020 Seattle Plaintiffs Product Liability Litigation “Lawyer of the Year”
• Best Lawyers® 2018 Seattle Plaintiffs Product Liability Litigation “Lawyer of the Year”
• Best Lawyers® 2015 Seattle Plaintiffs Product Liability Litigation “Lawyer of the Year”
• Inclusion in the 2003 – 2018 editions of “The Best Lawyers in America”
• Washington State Trial Lawyers Association’s 1998 Trial Lawyer of the Year
• Washington State Trial Lawyers Association’s President’s Award for his contributions to the civil justice system in May of 2002
• President, Washington State Trial Lawyers Association
• President, Western Trial Lawyers Association
• Nine-year Member, Board of Governors of the Association of Trial Lawyers of America
• Member, Board of Directors for the Attorneys’ Information Exchange Group, a national organization of plaintiff attorneys handling automotive product liability litigation
• Member, Board of Directors of the Endowment for Equal Justice
• Member, International Society of Barristers
• Civil Trial Advocate, National Board of Trial Advocacy
• Invited to address the University of Arizona College of Law in February, 2016, as part of the College’s Civil Justice Initiative

Automobile Collisions

Road crashes account for a staggering number of injuries and deaths each year. Establishing liability and securing awards for victims is an important part of healing and closure of these traumatic events. The attorneys at the Law Offices of James S. Rogers have considerable experience in rear-end, failure to yield, head-on, multi-vehicle and vehicle-pedestrian collisions.

Trucking Crashes

Heavy trucks are a necessary part of our country’s supply chain, but their dense presence on our roadways can be hazardous for motorists. The attorneys at the Law Offices of James S. Rogers have experience in cases involving trucks and trucking companies.

Bicycle Crashes

Even as infrastructure improves and popularity increases, the risk of bicycle collisions remains high. Injuries sustained in a crash involving an automobile and a bicycle can be severe and fatal. The attorneys at the Law Offices of James S. Rogers have successfully represented many bicycle collision victims and their families.

Aviation

Airplane crashes are catastrophic events that can have lasting impacts across entire communities. Whether the crash is a result of faulty design, damaged equipment or human negligence. The attorneys at the Law Offices of James S. Rogers have experience navigating the challenges of jurisdiction and conflict of law issues that accompany aviation disasters.

Inadequate Security

Land and business owners have a responsibility to protect those who access their property from criminal activity. If inadequate security is present, victims may pursue civil legal action. The attorneys at the Law Offices of James S. Rogers have experience establishing and liability in inadequate security claims.

Premises Liability

Visitors on private property have a right to expect a reasonable level of safety. When unsafe conditions result in personal injury, the owner of the premises may be liable. The attorneys at the Law Offices of James S. Rogers are experienced in assessing legal rights for those injured on private property.

Cruise Ship

Cruise ship passengers trust their ships to provide a safe environment, and the cruise company may be liable for injuries caused by their negligence.

Construction Site Injuries/Deaths

The inherent dangers present on construction sites means strict safety measures must be followed. When jobsites are not kept safe and workers are injured, the construction company may be liable.

Party Buses and Shuttles

A company providing a mobile party service is responsible for taking the steps necessary to keep its guests reasonably safe. People injured while riding party buses and shuttles may have a right to legal action against the company. The attorneys at the Law Offices of James S. Rogers can assess the rights and liability of all parties and pursue accordingly.

Resorts

Resort tort refers to a harmful action or inaction that results in an injury while on a cruise ship, at an amusement park, at a sports stadium, at a resort, or at any other entertainment-type premises. In a resort tort case, the plaintiff holds the resort responsible for his or her injury.

Resorts and other similar venues are responsible for the safety and security of their guests. The resort must provide their guests with a reasonably safe setting, protection from dangers, and warnings about possible hazards. When the resort has not provided a reasonably safe setting, the resort may be held responsible for injuries the guest sustained on the premises.

Bair Hugger

Manufacturing giant 3M’s operating room warming blanket, the “Bair Hugger”, has been linked to serious deep-joint infections. Used in four out of five hospitals, the Bair Hugger’s ubiquity in operating rooms means millions of patients are at risk.

The Law Offices of James S. Rogers has current cases against 3M and Arizant seeking damages on behalf of patients that were permanently injured by the use of the Bair Hugger during orthopedic surgeries.

E-cigarettes

At least 14 individuals in Western Washington have been treated or hospitalized for burns caused by exploding batteries in e-cigarettes, according to The Seattle Times.

The devices are powered by lithium-ion batteries that turn nicotine-laced liquid into vapor that is inhaled. The batteries can overheat and catch fire or explode, causing burns from the flames and chemicals.

A report from the FDA’s Center for Tobacco Products has identified at least 92 reports of e-cigarettes overheating, igniting or exploding between 2009 and September 2015. The study also found that some of these events “resulted in life-threatening injury, permanent disfigurement or disability and major property damage….”

If you or someone you know has been injured by an e-cigarette battery igniting or exploding, please contact our office, and we will review your case and provide a free consultation.

Ride the Ducks

In September of 2015 a horrific accident involving a Ride the Ducks vehicle in Seattle left four people dead and dozens injured. Several of those harmed by the crash, including individuals represented by the Law Offices of James S. Rogers, have filed lawsuits against the tour company and the State, and many more may have a right to seek compensation.

Helmet Design

For those traveling on two wheels, a helmet is often the only barrier between life and death. Bicyclists and motorcyclists put utmost trust in this invaluable piece of equipment — with good reason. The materials and design used in helmets should be held to the strictest safety standards, and the attorneys at the Law Offices of James S. Rogers have experience investigating helmet design cases and enforcing liability standards through multiple cases of helmet wrongful injury and death cases.

Button Batteries

Children who swallow button batteries face a range of potentially devastating health problems and even death. Manufacturers of these products may be held liable for inadequate warning labels and unsafe packaging design.

Medical Devices & Instruments

We put our lives in the hands of those who provide medical care. If the tools they use are defective, the results can be disastrous and even deadly. The attorneys at the Law Offices of James S. Rogers have experience handling cases of harm caused by defective medical devices.

Zofran

Originally developed as an anti-nausea medication for those undergoing chemotherapy, Zofran has been widely prescribed to pregnant women to ease morning sickness. Studies have since linked the drug to birth defects and manufacturer GlaxoSmithKline may be liable for damages. The attorneys at the Law Offices of James S. Rogers have experience representing those whose lives have been affected by irresponsible marketing and selling of unsafe pharmaceuticals.

Hoverboards

The surge in popularity enjoyed by hoverboard manufacturers has accompanied many instances of device malfunction and injury. The attorneys at the Law Offices of James S. Rogers can help consumers pursue claims of property damage and personal injury caused by hoverboard malfunction.