talc-based products

Study shows some talc-based products contain asbestos

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Inhalation of even the smallest amount of asbestos in talc can cause mesothelioma and other fatal diseases which can occur even many years after exposure. But almost 15 percent of talc-based cosmetic products that were analyzed in a recent study contain asbestos.

Screening is inadequate

An advocacy nonprofit, Environmental Working Group, commissioned the study which was published in the journal Environmental Health Insights on Nov. 25. EWG concluded that the cosmetic industry used inadequate methods to screen talc supplies. Compared to electron microscopy, according to EWG, the industry’s voluntary method was not sufficiently sensitive for screening for asbestos.

The Scientific Analytica Institute conducted the tests and used electron microscopy for its analysis. Twenty-one samples of powder cosmetics were tested including eye shadow, foundation, blush, face, and body powders. The tests also repeatedly found asbestos in talc products marketed to children.

Over 2,000 personal care products containing talc were identified on the EWG database. These include over 1,000 loose or pressed products that pose a risk of inhalation.

Cosmetics often contain talc as a filler, to improve texture or for moisture absorption. Talc and asbestos may be formed in the same rocks mined for cosmetic and industrial use.

The U.S. Food and Drug Administration does not require testing cosmetics for asbestos. The FDA just encourages companies to carefully select talc mines to avoid asbestos contamination.

Harm

The extent of harm depends on how much talc was inhaled and the amount that was contaminated with asbestos. But only one asbestos fiber lodged in the lungs can cause mesothelioma decades later, according to an EWG senior scientist.

Asbestos exposure has links to asbestosis, mesothelioma and lung and ovarian cancer. The EWG Action Fund, utilizing federal data, estimates that up to 15,000 people in this country die each year from diseases trigged by asbestos.

Solutions

The Scientific Analytical Institute said that it is essential for the FDA to develop a stringent method for screening talc in personal care products. It said that that the cosmetics industry should be required to utilize the precise methods existing for testing care products for asbestos.

Johnson & Johnson announced in May that it was ending the sale of its talc-based baby powder in this country and Canada. Thousands of people filed lawsuits against that company charging that its product caused cancer.

An attorney can help obtain compensation for victims of asbestos-related illnesses. They can obtain evidence and pursue their rights in court.

Dog bites: What is the law in Kentucky

Dog bites: What is the law in Kentucky?

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There was a time when the common law “one-bite rule” guided the judgements on dog bite cases in the United States. The owner could only be held liable for a dog attack if he knew that the dog had aggressive tendencies, or if the dog had attacked in the past. In other words, the burden of proof lay with the victim of the attack.

Many states have changed dog bite laws to hold owners accountable for the animal’s behavior regardless of its past tendencies, and to require owners of aggressive animals to confine them. The gradual increase in the number of dog attacks, especially attacks on children and the elderly, has highlighted the need for greater accountability on the part of the owner.

The sad toll on the victims of dog bite attacks

It is estimated that 4.5 million dog bites occur in the United States each year. Dog bite victims experience more than $1 billion in financial losses annually, and in 2018 alone, close to 27,000 individuals had to have reconstructive surgery from wounds inflicted by dog bites. Dog bite-related emergency room visits also occurred four times more often in rural communities in 2008.

The statistics on dog bite attacks show not only the prevalence of this issue, but also that breed-specific incidents keep appearing. From 2005 to 2019, pit bull terriers killed Americans at a rate 6.5 times higher than the next closest breed, rottweilers.

Infants from 0-2 years old made up a quarter of those fatalities, and in 43.6% of incidents involving injuries, parents were present at the time. Among all dog breeds, when a dog bite occurred the animal knew the patient 53% of the time. However, pit bulls were more likely to attack a stranger without provocation.

Dog bite laws in Kentucky

In Kentucky, dog bite laws hold the owner strictly liable for all damages in an attack, including to the victim, another person’s livestock or property, or to the victim’s pet. The law also permits anyone who witnesses the attack to seize or kill the animal.

Kentucky also applies comparative negligence in cases where the victim may have contributed to or provoked an attack, for example by trespassing on a neighbor’s property or approaching an aggressive animal. In such cases the court determines a percentage of responsibility to the owner and the victim.

In all cases, however, a statute of limitations for pursuing a claim applies. When pursuing a claim after a dog bite attack, it is important to know your rights and to get help so that you can get the compensation you deserve.

How to identify traumatic brain injury symptoms after an accident

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Being involved in a motor vehicle accident or hitting your head in a different type of incident can cause short- and long-term consequences.

Suffering from a traumatic brain injury (TBI) can be scary to deal with, but the key is to treat it as soon as possible. Paying attention to the cues your body provides you will give a better chance to restore your health.

Brain injury symptoms

After taking a blow to the head in any situation — a car crash, at work, a violent act against you, etc. — immediate medical attention is necessary. Even when accident victims don’t lose consciousness or spot any external signs of trauma to the head, it’s still possible that they are suffering from a brain injury.

Here are some typical signs of a brain injury:

  • Slurring speech
  • Facing fatigue
  • Feeling numbness or weakness
  • Experiencing vision loss
  • Suffering a headache, dizziness or nausea

A whirlwind of emotions can interfere with one’s ability to notice these signs. So, not only is an initial visit to a doctor essential, but continuing to follow up with symptoms that may take a few hours or days to kick in is important too.

Irreversible damage

According to Mayo Clinic, timely care is crucial because brain injuries can progress quickly and lead to brain damage that can’t be corrected. In severe cases, internal bleeding and limited oxygen to the brain can take place. So, going to the emergency room will be the best course of action.

On the other hand, mild injuries might only require at-home care. But following a doctor’s orders when it comes to resting up at home is imperative. This is because limiting physical and cognitive activities might be essential to prevent one’s condition from worsening.

 

Motorcycle crash with SUV has predictable result

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A motorcycle accident recently in east Louisville resulted in one fatality and one injured person. The motorcyclist was killed when he collided with an SUV on Ballardsville Road near Worthington Place at approximately 10:30 p.m.

The motorcyclist was wearing a helmet at the time. The driver of the SUV was unharmed, although the passenger of the SUV was taken to University Hospital with unknown injuries.

The high price of motorcycle accidents

Motorcycle accidents are much more common, relatively, than car accidents and far more deadly. Motorcyclists make up 14% of all traffic related deaths, with the number of total annual injuries steadily rising to 88,000 in 2016. Sadly, a third of all fatal crashes involving a motorcycle were due to alcohol impairment, while another third occurred when the biker was speeding.

Three-quarters of all biker accidents are due to collisions with another passenger vehicle, and in most of these cases motorists did not see the motorcycle until too late to avoid a collision. Head-on collisions accounted for 75% of all biker collisions.

The likelihood of injury is very high in motorcycle accidents. Single vehicle accidents involving a motorcycle resulted in injury to the motorcyclist in most of the cases.

Medical bills for bikers are also much higher than for injured car drivers, ranging from $6,000 to $30,000. This does not include long-term expenses for head trauma victims, most of whom were not wearing helmets.

The importance of a helmet and protective gear

Using a safety helmet is the most important preventative measure a biker can take to minimize injury in the event of an accident. Head trauma is one of the main causes of death in motorcycle accidents.

Not only do helmeted drivers have fewer neck injuries in a crash, but they stand a much better chance of surviving a crash. Unfortunately, only about 50% of motorcyclists wear a helmet.

Losing a loved one to negligence

Losing a loved one in a preventable accident is devastating. If the accident was due to the other driver’s inattention, reckless driving or elevated alcohol level, it is possible to file a wrongful death claim.

Successful claims can result in judgements that make the other party liable for medical treatment, funeral costs or the projected lifetime lost earnings of the deceased. While this can never erase the pain of loss, financial compensation can help your family find closure.

 

Distracted Driving

Tips for avoiding distracted driving

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It can be hard to ignore a ringing phone or the ding of a text message. Unfortunately, too many people in Kentucky and across the U.S. try to handle multiple tasks at once, including cellphone use while driving, causing catastrophic car accidents.

How big is the distracted driving problem?

According to Kentucky State Police, the Bluegrass State saw 6,455 motor vehicle accidents in 2019 caused by distracted driving. This led to 14 deaths and over 1,719 injuries. Across the entire U.S., almost 3,000 individuals lost their lives in distracted driving collisions annually. As this shows, distractions such as cellphone use should be avoided while driving. Even hands-free cellphone use is not entirely safe, as a person is still distracted cognitively.

What can I do to avoid distracted driving?

It is important to make sure you are avoiding all distractions while driving. First, prepare for your trip ahead of time. Give yourself enough time to get ready for the day, set the GPS, adjust your seat and mirrors and set the radio and climate control before driving.

Second, do not drive “intexicated.” Just like drunk driving, texting and driving leads to car accidents. Put down your cellphone when driving. Put it in your purse or bag in the back seat where it is out of reach and activate call/text blocking features. Make sure there is nothing that will keep you from paying attention to the road, visually, manually and cognitively.

Always be safe while driving

Distracted drivers cause car crashes every day. No phone call or text message is worth a human life. Avoiding distracted driving at all times can save lives. If you were injured in a distracted driving crash in Kentucky, you may be able to pursue compensation for the damages you suffered.

 

injured In A Truck Crash

What to know about driving near semi-trucks

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Commercial trucks weigh thousands of pounds more than passenger vehicles, which can spell disaster for the smaller vehicle if the two crash. While there are preventive measures a truck driver can take to keep the road safe, there are also things that drivers of passenger vehicles can do.

Because the rate of truck accidents is at a 30-year high, everyone needs to do their part in staying safe on the roads. Here are some tips passenger vehicle drivers can use to stay safe.

Do not crowd a truck

Because trucks are massive and heavy, they need considerably more distance to come to a complete stop. This means truckers need much more space in front of them to avoid dangerous situations. Staying too close can be fatal if the truck cannot stop in time.

Avoid blind spots

All vehicles have blind spots. Semi-trucks have blind spots that are much larger than passenger vehicles. Truck drivers typically cannot see a vehicle within 30 feet of the front or back of them and half of the front half of the left side and most of the right side of the vehicle. If you cannot see the truck driver directly or through their mirrors, they cannot see you.

Take extra time

Trucks need more time to do anything, from changing lanes to turning. What can really slow truckers down is when other cars speed around them. From cutting trucks off in a lane to trying to speed past them while they are changing lanes, all of these actions can create dangerous situations.

To ensure that any truck driver you are near can see you, give them the space and time they need to maneuver properly. Crowding or rushing a truck can result in catastrophic injuries.

Asbestos ban currently held up in U.S. Senate

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Asbestos exposure causes more than 40,000 deaths each year in this country, according to the chair of the U.S. House Energy and Commerce Committee. But a recent bill to ban most uses of asbestos has stalled in the U.S. Senate.      

Asbestos use has not stopped

Asbestos is still being used in this country in an unexpectedly high number of products, especially in the automotive industry. Asbestos has been blamed for causing serious and potentially fatal diseases such as lung cancer, mesothelioma, and asbestosis.

Legislation stalled

The Alan Reinstein Ban Asbestos Now Act would prohibit the production, use and importing of asbestos. If enacted, this bill would implement a ban on asbestos within one year from Congressional passage. Some limited exceptions would be allowed, however.

This bill made progress in Congress after the Environmental Protection Agency took steps last year to restrict asbestos but did not impose an outright ban. The Senate Energy and Commerce Committee approved the bill with only one negative vote.

But the measure then hit an obstacle. Senate Republicans objected to language in the bill that was intended to allow for the continuation of ongoing lawsuits alleging harm from cosmetic talcum powder. Many women have successfully sued over claims that the use of asbestos contaminated baby powder was linked to their ovarian cancer.

Republicans claim that this language would increase litigation by creating questions about the bill’s intent. This, according to GOP lawmakers, would cause uncertainty with interpreting and implementing this measure. Republicans said they would support this bill if the clause was removed.

This bill however would amend the federal Toxic Substances Control Act, which not deal with the cosmetic uses of asbestos.

These legislative delays will allow the dangers and risks of asbestos exposure to continue.

Work zone accidents are on the rise in Kentucky

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Road construction and passing automobiles can combine to cause serious motor vehicle accidents. Even though drivers are expected to understand the importance reducing their speed in work zones and giving workers enough space, work-zone accidents are troublingly common.

Kentucky emphasizes worker safety

Road worker safety is a state priority. The Commonwealth and the Kentucky Transportation Cabinet sponsored a Work Zone Awareness Week in September. The goal was to raise awareness of why special care is needed when driving in a work zone.

Workers and those in the vehicles can be injured and lose their lives in these accidents. In 2019, there were eight fatalities in work zones in Kentucky. That was an increase from three in 2018. In 2019 there were 1,251 accidents in work zones, which was a 20 percent increase from 2018. Nationally, the trend for work zone deaths is comparable to what is happening in Kentucky.

Research has found distracted driving is the leading cause of work zone accidents. Cellphone distraction is an obvious catalyst for distraction and accidents, but interacting with passengers, eating, putting on makeup and changing the radio are others.

To prevent work zone accidents, pay attention to the road, signage and to workers who are waving flags that indicate work ahead. Reduce your speed and leave plenty of room between your vehicle and the one in front of you.

Legal advice can be essential after motor vehicle accidents

After there has been an auto accident, it is important to think about your options. Legal action sometimes is needed to recover fair compensation. It is important to gather the necessary evidence, follow to medical guidance, and seek legal guidance. A firm with experience in motor vehicle accidents may be helpful.

 

deadly truck accidents

Who is to blame for deadly truck accidents?

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Large trucks on the highway are a common sight with all the interstates running through Kentucky. While most interactions with truckers are uneventful, it only takes one mistake to make an incident unforgettable.

Over 10,000 trucks were part of a wreck in 2018, according to the most recent report from the Kentucky Transportation Center. Around 10% of those were involved in a fatality. When your loved one is no longer with you because of a truck accident, it may be important to look at the cause for a way to move forward.

Finding fault

While those in cars are more likely to perish than the truck driver, it can be difficult to know who was at-fault for a specific problem. Though many want to pin the blame on the driver, there are other entities in play.

Equipment failure

Trucks with defective parts double their chance of being in an accident. While there are federal regulations for checking up on trucks, missing potential problems could point to negligence from a service center, the trucking company or the operator:

  • Defective brakes
  • Broken lights
  • Steering problems
  • Tire wear
  • Hitch malfunction

Driver fatigue

A driver that is operating beyond their limits can be dangerous. Sleep deprivation can greatly increase the likelihood of a crash, but violations may be hard to pin down. For these reasons, federal regulations require drivers to keep detailed logs outline run-time, rests and periods between work. When a company is pushing too hard, or a driver ignores the rules, serious mistakes are more likely to happen.

Car guards

When a truck and car collide, the smaller vehicle can often end up underneath the high-clearance vehicle. This is known as underride. Around half of all accidents resulted in underride, which increases the chance of a fatality or severe injury. Federal rules require many trucks to guard to prevent this scenario, but it doesn’t apply to all commercial haulers.

Knowing what the requirements are is a complicated first step, but understanding who is responsible for measures not being met can be even more difficult. If you’ve lost a loved one because of a commercial truck accident, contact the team at Satterley & Kelley PLLC to discuss options for handling your family’s loss.

Kentucky Dram Shop Act

What flimsy excuses won’t hold up after a drunk driving accident?

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When you’re in an accident with a drunk driver, they may be responsible for covering some of your costs. Medical costs, lost wages and damaged property might all be on the line. With so much at stake, a driver might try to lean on old myths to talk you out of involving the authorities.

Kentucky sees thousands of alcohol-induced collisions every year. Those accidents routinely lead to injuries and fatalities, and the ones suffering may not have had a drop to drink. When you’re on the receiving end of someone’s mistake, make sure you know the tired old lines they may use to defend themselves.

Myths don’t matter

The truth is that science has shown that a few drinks really can lead to dangerous situations, and it was the driver’s responsibility to avoid getting behind the wheel. Make sure you know when myths are coming into play, and you may be able to bolster your claim with some legal backing. The process could begin with letting officers know that the other driver isn’t so innocent.

Truths in drinking

Some drivers play down the problem by relying on false facts to show they weren’t really that affected by drinking before driving:

  • Types: One type of alcohol isn’t going to affect a person differently from another. The real measure is their blood alcohol content, or BAC. Just because they chose beer over hard liquor isn’t going to change the outcome if they consume the same amount of alcohol.
  • Limits: A driver that isn’t over the legal limit can still be on the hook for impaired driving. Drinking can deliver a hit to reaction and reasoning with as little as a 0.04 BAC. These drivers may even feel more confident in their ability even though the opposite proves true.
  • Sobering: The only thing that can sober up a driver is time. The liver processes most of the alcohol in the body, and it can take hours to finish the job. A person’s driving will not improve if they tried to sleep it off, drank some coffee or took a cold shower.

Don’t take another driver’s word for it. When someone else’s choice to drink and drive is apparent, it’s important you take steps to protect yourself and ensure a healthy recovery.