The Dram Shop Act, Underage Drinkers, and Your Accident

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Many teens don’t wait until they’re 21 to start drinking alcohol. Sometimes, adults supply them with those drinks. They could be parents, or they work at stores or in bars. These adults may know these teens are underage and not care if they’re doing something wrong, or they may negligently serve or sell them alcohol.

These adults and the stores, bars, and restaurants where they work may pay you compensation if they provided alcohol to an underage drinker who caused a vehicle accident and your injuries.

Drinking and Driving are Common Among Those Younger Than 21

There are sobering statistics about underage drinking and driving from the federal Centers for Disease Control and Prevention. They state that alcohol is the drug most often abused by Americans younger than 21, Kentucky’s legal drinking age. A survey of high school students released in 2024 found that in the 30 days before responding to the questionnaire:

  • 22% admitted to drinking alcohol
  • 16% stated they were in a vehicle with a driver who had been drinking
  • 5% admitted they drove a car after drinking

Underage binge drinking has declined over the years, but it’s now more common among girls than boys.

Kentucky Dram Shop Law

The state’s Dram Shop Act covers situations where an entity licensed to sell alcohol provides drinks to someone who later drives drunk and injures someone. Under Kentucky law, if the customer is of legal age to drink, the party seeking compensation must show the licensee negligently served them:

  • They knew or should’ve known the person was intoxicated
  • They should’ve prevented them from drinking more but failed to do so

There’s no such complication if the person drinking alcohol and causing the crash was too young to drink legally. It’s illegal for a licensee to provide alcohol to someone younger than 21. The plaintiff (the injured person filing the lawsuit) should show the person wasn’t old enough to drink alcohol legally, they were served anyway, and they later caused the accident.

Kentucky Social Host Responsibility Law, or Lack Thereof

Some states have social host responsibility laws to cover situations where a host gives another person alcohol at their home or event, and they later cause an accident. Kentucky is not one of those states. Kentucky has no social host responsibility equivalent to the.

But the state makes it a crime, a misdemeanor, for someone who “…knowingly sells, gives, purchases or procures any alcoholic or malt beverage in any form to or for a minor.” A defense could be they didn’t know the person was underage. The statute states in part:

“The defendant may prove [as a defense] that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that his age could not have been ascertained by any other means and that the purchaser’s appearance and character indicated strongly that he was of legal age to purchase alcoholic beverages.”

If someone is found guilty of this and it involves an underage drinking driver who injures you in an accident, it could be the basis of a civil negligence claim for damages against the party providing the alcohol.

This could be a situation where negligence per se applies. This means someone violating a statute is presumed to be negligent if:

  • It’s intended to prevent the kind of harm that happened
  • The violation was a substantial factor in causing the accident

Negligence per se may apply in any situation where a law is broken, such as when a person driving recklessly or under the influence of drugs or alcohol causes a vehicle crash and injures you.

Speak To a Satterley & Kelley, PLLC Vehicle Accident Injury Lawyer Today

If you’re the victim of an accident caused by an underage driver impaired by alcohol or another substance, Satterley & Kelley PLLC lawyers can protect your interests and rights to compensation for your injuries and losses. Schedule a free initial consultation so we can discuss your case. Call our Louisville office at 855-385-9532 or complete our contact form if it’s more convenient.

Bile Duct Liver Cancer May Be Caused by Asbestos

UK Nurse Shows Asbestos Dangers to Healthcare Workers

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People with pleural mesothelioma need not have been exposed to high asbestos levels before their diagnosis. Their jobs may have had nothing to do with the cancer-causing mineral fiber. Many people working in hospitals have died of asbestos-related disease, after incidental exposure at work.

Monica Johnston is one example. She worked for the United Kingdom’s medical service for nearly fifty years when she was diagnosed with pleural mesothelioma. Like many with the disease in the US, she’s filed a legal claim to receive compensation for her situation.

Deadly Diagnosis Comes as a Surprise

Johnston is terminally ill, according to the BBC. “I’ve tortured myself trying to find out where I encountered asbestos,” she told them. The only place she and her attorneys can come up with is the hospital where she worked, the Royal Victoria Hospital. She is 66 and started working there when she was 16. Johnston retired after her diagnosis in 2023.

“Even as an experienced nurse, I had never heard of (mesothelioma), and the doctor explained that the only way you can get it is by coming into contact with asbestos,” Johnston said.

How Does a Nurse Develop Pleural Mesothelioma?

Asbestos was used in building materials at the hospital. They may have caused her disease even though as a nurse she never worked directly with products containing asbestos. Johnston may have been exposed to its cancer-causing asbestos fibers when others installed these products, when they deteriorated, were torn out, or replaced.

The building where she worked was constructed in the 1950s when asbestos-containing products were widely used. Parts of the building had asbestos removed in 2015. Johnston’s former employer states it has 148 buildings containing asbestos, but they present a “low risk” of endangering those inside.

Asbestos fibers are extremely light and strong. Johnston may have been in an area where the products existed or the fibers may have floated through the air for a long distance before she inhaled or swallowed them. Her exposure may have been early in her career because it may take forty to fifty years from initial asbestos exposure to mesothelioma diagnosis.

Some people are genetically pre-disposed to developing pleural mesothelioma. While some may be heavily exposed to asbestos and never develop the condition, others may be relatively lightly exposed to develop this cancer type.

Johnston said she loved her job and was in very good health for most of her life. She said she never smoked. In 2021, she noticed she was becoming short of breath, but initially, she wasn’t correctly diagnosed. She later developed chest pains and passed out at work. Radiology scans indicated Johnston had pleural mesothelioma.

“It’s too late for me, and it’s not about scaremongering, but I want to make people aware of the risks out there,” she told the BBC.

Mesothelioma is a Worldwide Problem

The BBC estimates that from 2014 to 2023, 699 people in Northern Ireland died asbestos-related deaths. This part of the UK had an estimated population of 1.9 million in 2022, about three times the population of Louisville. An estimated 3,109 people in Kentucky died of asbestos-related diseases from 1999 to 2017, according to the Environmental Work Group.

The BBC states that since 2019, the equivalent of $10.3 million has been spent to remove asbestos from hundreds of Northern Ireland’s hospitals and healthcare buildings. Most asbestos compensation claims in the area come from those who worked in Belfast’s shipbuilding industry.

Call Us Today for a Free Consultation

You need not work with asbestos-containing products to develop an asbestos-related disease like pleural mesothelioma. You may only work in an area where they were used. Many spouses of those working with asbestos developed mesothelioma because they inhaled fibers on their husband’s work clothes.

If you have an asbestos-related illness, including mesothelioma, you may be entitled to compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

Top Cause of Motorcycle Accidents: Vehicles Taking Left Turns

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If you’re an injured motorcyclist, chances are good your accident was caused by a driver failing to yield your right of way by taking a left in front of you, causing you to hit the vehicle’s passenger side. This is a negligent act by the driver, and if you file an insurance claim or a lawsuit to get compensation for your injuries, chances are good you’ll succeed.

Accidents where another vehicle turned left in front of an oncoming motorcycle were, by far, the most frequent fatal two-vehicle motorcycle crash, at 26%, from 2017 to 2022, according to research published in 2023 in the journal Traffic Injury Prevention.

The author, Eric Teoh, the Insurance Institute for Highway Safety’s director of statistical services. In a 2023 IIHS article, he states vehicles taking left turns into motorcyclists are the most common type of crash between motorcycles and vehicles.

Why Do Drivers Make This Mistake?

There are several reasons why drivers often take left turns in front of motorcyclists, leading to crashes:

  • Motorcycles are smaller than cars, so they’re harder to see, especially in bad weather conditions
  • A driver can underestimate how fast a motorcycle travels and think they have enough time to turn before the rider reaches them
  • Smartphone and GPS use can cause drivers to miss seeing an approaching motorcyclist.
  • Even when drivers check for oncoming traffic, they subconsciously may focus on larger vehicles and miss motorcycles, bicycles, or pedestrians. Their eyes may see them, but their brains screen them out, so they don’t register in a driver’s assessment of road conditions
  • Some drivers, especially those who are impatient, may take chances when turning left and assume they’ll safely make the turn or the motorcyclist will slow down or stop to prevent a collision
  • Weather conditions, bright sunlight, or darkness can make it harder to see oncoming motorcycles
  • The driver is fatigued, impaired, or intoxicate by alcohol or drugs

Each case is unique, and the failure to notice a motorcyclist may have more than one cause.

What Injuries Can These Accidents Cause?

Injuries will vary based on the situation and the type of vehicle. Depending on the vehicle’s proximity and the motorcycle’s speed, the rider may have little or no time to react and hit the side of the vehicle. A motorcyclist with more time may try to avoid the vehicle but lose control while taking evasive action.

Some of the most common motorcyclist injuries include:

  • Concussions and traumatic brain injuries, especially if the rider isn’t using a helmet, which is not legally required for experienced riders 21 and older in Kentucky
  • Road rash, or skin abrasions caused by sliding across the pavement, which may lead to infections and scarring
  • Bones in the arms, legs, ribs, and collarbone may break or fracture due to the impact or being thrown from the bike
  • Spinal cord injuries can lead to partial or complete paralysis depending on the severity and location of the injury
  • Damage to internal organs due to blunt force trauma or penetrating injuries. Internal injuries can also cause life-threatening bleeding
  • Leg, foot, ankle, and knee injuries, including sprains, fractures, and ligament tears
  • Jaws, noses, and teeth may break from hitting the ground or another object, especially if the rider isn’t using a full-face helmet

A rider striking a vehicle in front of them will probably hit the pavement and may hit another object, like a parked car or telephone pole, and be struck by another vehicle.

Speak To a Satterley & Kelley, PLLC Motorcycle Accident Lawyer Today

If you or a family member is injured in a Kentucky motorcycle accident with another vehicle, we want to hear from you. We can help you recover the full and fair compensation you deserve. Let us be your boots on the ground and guide you through the process.

If you want to speak with an experienced motorcycle accident lawyer at our firm, contact our Louisville office to schedule a free initial consultation. Call us at 502-589-5600 or reach us online through our contact form.

Asbestos Products Used on Trains and Locomotives

The Paducah Locomotive Shops Repaired Trains and Killed Workers

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The Illinois Central Railroad’s massive facility repaired locomotives for decades, employing thousands of workers over time. Many of them were exposed to cancer-causing asbestos, which was torn off and applied to locomotives during the repair process.

Exposure to asbestos fibers caused employees to develop related, fatal illnesses, including lung cancer and mesothelioma. You may be compensated if you worked at the Paducah Locomotive Shops and have an asbestos-related disease. If that happened to a family member, you may be able to seek compensation through a wrongful death lawsuit.

Trains, Asbestos, and the Paducah Locomotive Shops

In the 1800s and early 1900s, railroads were the most common way to transport large amounts of goods through the US. The Illinois Central Railroad is one of the country’s oldest railroads and it grew through mergers and acquisitions.

Illinois Central covered the central US, and the repair shops in Paducah, Kentucky, started in the mid-1800s. In about 1915, Illinois Central acquired the Paducah Railroad. From 1925 through 1927, it built the Paducah Locomotive Shops, which covered about 110 acres of land. The facility had four larger buildings and about 30 others.

Many activities over the years exposed workers to asbestos. From the 1930s through the 1980s, many locomotives used boilers to create steam, which were covered in asbestos-containing insulation. The boilers could be several feet in diameter.

Employees worked on these boilers in the shops. Locomotives entered the shop, the insulation was removed, repairs were made, and new asbestos insulation was applied.

Piping ran throughout these boilers and machinists removed and replaced their asbestos. If they did something else, they’d be exposed to asbestos fibers floating in the air because other workers were tearing out or applying asbestos.

Like vehicle brakes, locomotive brakes contained asbestos. If they were removed, repaired, or replaced, the asbestos would increase in the area. Engine gaskets used in locomotives also contained asbestos.

Buildings also had high temperature equipment, like boilers and steam pipes. They were covered in asbestos insulation, which decayed over time and was periodically removed and replaced. Asbestos-containing floor tiles were also probably in the buildings. Asbestos fibers could be released if tiles were pulled up, cut, or sanded.

Railroads Knew Asbestos Was Toxic and Stood By as It Took a Toll on Workers

Asbestos was a health threat to anyone in the area. Its fibers are incredibly light and strong. After being liberated from insulation, brakes, or tiles, asbestos fibers could float through the air for hours. Anyone in the area would inhale or swallow fibers that later caused disabling and fatal diseases.

Railroads, including Illinois Central, were highly proactive in the 1930s through the 1950s in studying how asbestos impacted employees’ health. They formed the American Association of Railroads. In the 1920s and 1930s, they started seeing employees develop asbestosis. They began investigating it and concluded asbestos caused the disease, but didn’t do anything about it.

Over time, asbestos’s dangers became more evident, but generations of railroad workers didn’t receive any training, warnings, signs, or safety equipment to prevent or reduce the danger until the 1970s.

American railroads concealed from the public and their employees that asbestos exposure caused serious diseases afflicting railroad workers across America. Railroad attorneys strategized in the 1950s how to defend lawsuits, long before they became common.

Injured Railroad Workers Can Use Federal Law to Collect Compensation

Railroad workers injured by asbestos have legal options for compensation unlike others. The Federal Employers Liability Act (FELA) is a special railroad workers’ compensation system under federal law. Most of those collecting workers’ compensation benefits do so through state systems created by state law.

Unlike traditional workers’ compensation, FELA allows injured railroad workers to sue a railroad employer in federal court, potentially winning compensation for many things, including pain and suffering. This is often the most significant part of an award to a railroad worker who uses FELA to seek compensation. Other issues, like medical expenses and lost income may also be awarded.

Recoveries for Kentucky lawsuits seeking compensation for injuries caused by accidents resulting from negligence are limited by the defendant’s (the party being sued) share of blame. If they’re half the cause of a vehicle crash, you can collect half of the damages (the harm you suffered measured in dollars).

A plaintiff can recover all of their damages in a FELA claim as long as a defendant is responsible in some way. Their 1% degree of fault can result in you collecting 100% of your damages. In a traditional workers’ compensation claim, who is to blame usually isn’t an issue. It’s considered a “no fault” system for helping injured workers, but compensation is much more limited than what’s available through a lawsuit.

Railroad employees aren’t limited to using FELA claims against their former employer. Depending on the facts of the case, you may be able to bring legal claims against companies making, distributing, and selling the asbestos products causing your injuries.

Call Us Today for A Free Consultation

You may be entitled to compensation if you worked at the Paducah Locomotive Shops and have an asbestos-related disease. To talk about your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532 or complete our contact form to schedule a free initial consultation.

It’s Not Enough to Show Someone Drunk Was Served Alcohol

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Kentucky’s Dram Shop Act makes those with liquor licenses potentially liable for vehicle accidents caused by their intoxicated customers. Those serving them must be put on notice that they’re intoxicated, which could be shown in different ways, but continue to serve them before they can be held responsible for the injuries caused by the accident.

What’s the Kentucky Dram Shop Act?

Kentucky law states that if a drunk driver injures you, they are primarily responsible. If they’re under the legal drinking age and a business or person with a liquor license serves them alcohol, that license holder could be liable for your injuries.

If the driver is 21 or older, the licensee could be liable for the crash if they knew, or had reason to know, the person was intoxicated before they were served.

Whether or not this customer was drunk isn’t so much the issue. It’s whether they put the licensee, their employees, or agents on notice they are intoxicated. If so, and they were served, the license may be liable for your injuries (along with the drunk driver who injured you).

What are Signs a Customer is Intoxicated?

These signs vary with the individual, what they’re drinking, and how much. Using prescription or illegal drugs while drinking can increase these effects. If the person is fatigued or ill they may show intoxication differently.

1. Uncoordinated Movements

    This is probably one of the most noticeable signs of intoxication. Alcohol affects our central nervous system, which controls our motor skills. If you’re drunk, your movements are probably clumsy, slower, and unsteady.

    You may sway, stumble, or have difficulty walking a straight line. Your balance may be bad, so you lean on furniture, walls, or doorways for support. You may not grasp objects properly, so you spill your drink or drop your phone.

    2. Slurred Speech

    Slurred speech is a common and more easily identified sign that you’re drinking. Alcohol depresses the section of the brain controlling your speech. If you’re intoxicated, you may speak slower or with a slur. You may struggle to clearly pronounce words, and your sentences may be jumbled.

    It’s a sign you’re drinking too much if you can’t speak clearly or you’re repeating yourself. Tone and loudness can change, too. You may speak louder, and if you’re aware your speech is slurred, you may talk slower.

    3. Mood Swings and Altered Behavior

    Alcohol may significantly impact your behavior and mood. You may have exaggerated emotional shifts. If you’re ordinarily quiet, you may become overly talkative. You may turn quiet or aggressive if you’re usually more happy and outgoing.

    Alcohol may lower inhibitions, so you may become overly affectionate, flirty, or sexual. You could also become angry or upset for no apparent reason. Emotional extremes may be a strong indication that you’re intoxicated.

    4. Impaired Judgment

    If you’re drunk, your ability to rationally decide things is significantly impaired. You may engage in risky behavior or actions you wouldn’t typically engage in when you’re sober. You may say something you normally would not, try to do something you can’t do, or do something dangerous without considering the risks. You may have an inflated self-confidence, even if you can’t perform basic tasks like walking or talking.

    5. Changed Appearance

    You may show physical signs of intoxication, like flushed skin, especially your face. Alcohol opens blood vessels, so you may have a reddened complexion, especially if you’re lighter-skinned.

    Your eyes may become bloodshot or glassy. You may have difficulty focusing or maintaining eye contact, or your pupils may dilate (or widen). You may start sweating or become overheated, even if it’s not warm.

    5. Nausea or Vomiting

    Someone drinking too much may feel nauseous or dizzy, which can lead to vomiting. If you become pale, feel clammy, become dizzy, or show signs of distress, you may be intoxicated.

    Vomiting is a sign your drinking has crossed into dangerous territory. Your alcohol blood level may be so high you’re suffering from alcohol poisoning, which should get immediate medical attention.

    6. Memory Problems and Lack of Mental Focus

    If you’re drunk, your ability to focus and retain information declines. This is because alcohol impacts your brain’s hippocampus, the section responsible for memory. If you have trouble remembering things you just said or did, or you’re repeatedly asking the same question, you’ve probably consumed too much alcohol.

    You may also be easily distracted, unable to follow a conversation, or stay engaged in an activity. You may be confused, unable to track events, or forget what you were talking about mid-sentence.

    7. Excessive Talking or Laughing

    You may laugh excessively or talk non-stop. This is due to your lowered inhibition and boosted confidence. If you laugh loudly at things that aren’t funny, or speak without stopping, your judgment may be affected by alcohol.

    8. Breathing Changes

    Alcohol may change your breathing pattern so you’re breathing more heavily or irregularly. It may get so bad you’ll have shortness of breath or labored breathing. If this is happening, it could be a sign that you’ve had so too much to drink that your body is struggling to process the alcohol.

    Depending on the situation, these signs may be more or less noticeable to a bartender or server. They should be on the lookout for these symptoms, no matter how many people are in the establishment or how busy they are.

    They should also keep track of how much you’re drinking. If you’ve had several drinks plus you’re showing these symptoms, you shouldn’t be served or allowed to drive away from the establishment. If the licensee fails to keep other customers and the public safe, the drunk customer causes an accident, and your injury, they (or their insurer) and the other driver may be compelled to compensate you for your injuries.

    Speak With an Experienced Dram Shop Act Lawyer

    Satterely & Kelley, PLLC attorneys have decades of experience representing injured clients in dram shop cases, and we can help you with this often complex legal matter. To discuss your possible dram shop claim with a knowledgeable Louisville lawyer, contact our law offices or call us toll-free at 855-385-9532.

    Lung Cancer and Asbestos

    Things You Should Know About Asbestos Exposure and Cancer

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    Asbestos has been used for centuries and impacted the lives of millions of people. There’s far more than nine things to know about asbestos and cancer, but this is a start. The average American probably knows little or nothing about asbestos and the diseases it creates. Those dealing with mesothelioma and asbestos-caused cancers wish they’d never heard of it.

    The M.D. Anderson Cancer Center in Houston, Texas, is affiliated with the University of Texas. It’s one of the world’s largest cancer centers and it recently published an article on asbestos and cancer.

    What is Asbestos? How Might the Average Person Be Exposed to It?

    Asbestos covers a group of six mineral fibers with properties that made them attractive to companies manufacturing thousands of products. Asbestos fibers are the following:

    • Light
    • Strong
    • They don’t corrode
    • They’re resistant to fire, heat, chemicals, and electricity

    Asbestos is found in rocks and soil. The different fiber types include the following:

    • Actinolite 
    • Amosite 
    • Anthophyllite 
    • Chrysotile 
    • Crocidolite
    • Tremolite

    The first documented use of asbestos dates back to the ancient Greeks, who used it in cloth. Over the years, asbestos has been used in about 3,000 products. Asbestos’ use in the US was largely regulated off the market in the late 1970s to early 1980s, though some limited uses are still allowed. Asbestos use is banned in 55 countries, but not in the US, Canada, India, China, or Russia, according to the Environmental Working Group.

    In the US, asbestos was used in everything from brake pads and roof shingles, to flooring, insulation, electrical equipment, fireproofing, and floor tiles. Compared to post-WWII America, asbestos exposure is far less common. People are still being diagnosed with fatal asbestos-related cancers like pleural mesothelioma because it may take forty or more years between exposure and diagnosis of the condition.

    What Can I Do to Reduce My Risk of Asbestos Exposure?

    Asbestos fibers are incredibly durable, strong, and light. They can be liberated from asbestos-containing products when they’re installed, removed, cut, scratched, sanded, drilled into, or simply through deterioration with age. These fibers float through the air and will eventually settle on a surface, where they can be disturbed again or blown in the wind so they’re back into the air.

    People can inhale or swallow these fibers without realizing it. They become stuck in various parts of the body, and the immune system tries and fails to destroy them. The result is scar tissue, inflammation, and, over long periods of time, cell mutations that can lead to different cancer types.

    The average person’s risk of heavy asbestos exposure is very low. However, it may not take heavy exposure to cause mesothelioma decades after inhaling or swallowing fibers in the air. Those most at risk are firefighters, demolition workers at contaminated sites, mechanics working on brake pads, and those removing asbestos from old buildings.

    What Are Asbestos-Related Cancers? 

    Mesothelioma is the most common. It’s a fatal cancer of the linings of:

    • Lungs
    • Heart
    • Chest cavity
    • Abdominal cavity
    • Abdominal organs

    Diagnosis may be forty to fifty years after initial asbestos exposure. Other cancers include the following:

    Asbestosis is a non-cancerous asbestos-related disease caused by extensive scarring of the lungs which reduces the person’s ability to breathe. 

    Are There Warning Signs or Symptoms of Asbestos Exposure?

    No, but there are signs and symptoms of asbestos-related diseases. They can be in advanced stages before a person feels them, which makes them more difficult to treat.

    How are Asbestos-Related Cancers Usually Diagnosed?

    Mesothelioma and asbestos-related lung cancers usually are initially diagnosed with a chest X-ray after the person complains of chest pain, shortness of breath, difficulty breathing, a persistent cough or other symptoms. That x-ray will probably result in additional tests, CT scans, extraction of chest fluid or surgical removal of tumors that are biopsied.

    Why Does Asbestos Cause Cancer?

    There are at least three theories:

    These are the most established theories, but the exact reasons asbestos fibers cause cancers are unknown.

    Are There Unique Features That Help Identify Asbestos-Related Cancers?

    Mesothelioma is caused by asbestos, so the features of that disease show it is asbestos-related. Otherwise, there is nothing definitive, and no unique cell mutations are related to asbestos. Asbestos fibers can be found in tumors. If so, it’s presumed the fibers played a role in causing them.

    What’s the Most Important Thing to Know About Asbestos and Cancer?

    Government regulation of asbestos has significantly decreased the incidence of asbestos-related diseases, including cancers. Understanding that there’s a link between asbestos and cancer (even if its precise nature is unknown) and acting on it by restricting or removing the source of asbestos exposure has been a highly effective strategy to prevent additional asbestos-related cancers.

    Call Us Today for A Free Consultation

    If you’re diagnosed with an asbestos-related disease, or a family member died of one, you may be entitled to compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532 or complete our contact form to schedule a free initial consultation.

    Police Accident Reports Set the Tone for Your Car Accident Case

    Can Government be Held Responsible for Causing My Accident?

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    It may not just be another driver who caused your accident. Government entities are responsible for designing, building, and maintaining public roads. If they act negligently and contribute to your accident, they can be held accountable for the harm they cause. However, the process for receiving compensation is different than if private parties are involved, and recovery is limited.

    How Would a Government Cause a Vehicle Accident?

    A stretch of road or highway may not drain well  due to its design, its poor construction, or storm drains aren’t cleared often enough. The area may also be poorly lit, so it may be difficult to see how dangerous it is in low light.

    The water ponds, which may be enough to cause you to lose traction, even when using decent tires and driving  the speed limit. If it is cold enough, the water may freeze to ice, worsening traction. The presence of water and ice developing, melting, and re-freezing breaks up the pavement, causing frost heaves and potholes.

    If the government doesn’t improve drainage to prevent more of these issues, it may be unable to cope with the constant water damage. Frost heaves and potholes grow deeper and wider, adding physical obstacles that may make it difficult or impossible to control a vehicle (or a motorcycle or bicycle) going over them. Drivers may try to steer clear of them and collide with someone else.

    Governments set the stage for vehicle accidents all the time. Employees may not be doing the right thing, departments can be poorly managed, and budgets aren’t big enough to address all the needs. Come election time, complaints about high taxes and government spending get more attention than the costs of vehicle damage and injuries caused by poor roads.

    If the road isn’t the accident cause, but a government employee driving negligently while on the job is, compensation may also be available.  

    What’s the Process to Seek Compensation from State and Local Governments?

    Claims against the Kentucky state government are covered by section 231 of the Kentucky Constitution. It waives Kentucky’s “sovereign immunity” defense (government can’t be sued), though state statute and local rules create limitations.

    Kentucky Revised Statutes Chapter 49 covers claims against Kentucky, which are handled by the Kentucky Board of Claims. They are not a court and have their own process, though their decisions can be appealed through the state court system.

    • A hearing officer will investigate the case and make a recommendation to the Board, which decides the outcome
    • Claims against the state must be filed within a year of the injury, or it won’t be considered
    • Compensation is limited to $250,000 per claim, and damages for mental distress, pain, and suffering aren’t allowed
    • If multiple people are affected by a single negligent act, the total compensation for all of them is limited to $400,000

    Depending on the situation, this may be a fraction of the money that could be awarded if a private party is the defendant. In addition, the Board may reduce your award if you’ve received, or have a right to receive, payments due to your injury from the following:

    • Workers’ compensation insurance
    • Social Security programs
    • Other federal, state, or private programs that can supplement your income or cover your expenses or damages

    For claims against county, city, and local governments, each has its processes for handling claims.

    Speak To a Louisville Car Accident Attorney Near You

    We are your boots on the ground if you or a family member have been injured or killed in a serious Kentucky car accident. Call Satterley & Kelley PLLC to speak with a skilled personal injury attorney today. To get started, call our Louisville office at 855-385-9532 or complete our contact form.

    Mesothelioma and Nutrition

    Mesothelioma and Nutrition: What You Need to Know

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    After a mesothelioma diagnosis, patients and their families often search for things they can do and changes they can make to support the best possible outcomes. One of the most significant ways to support the health and wellbeing of mesothelioma patients (as well as the effectiveness of any treatment regimen) is also one of the most basic: diet and nutrition.

    Why is Diet and Nutrition Important For Mesothelioma Patients?

    Nutrition is fundamental to our well-being, and the body can use food to promote healing, tissue repair, and immune system health. This is especially important when dealing with a serious disease like mesothelioma.

    Eating a nutritious diet can provide your body with the essential support it needs to deal with the stress of mesothelioma and mesothelioma treatment.

    The right food can improve a patient’s quality of life and support the effectiveness of treatments while helping to mitigate side effects.

    What is the Best Sort of Diet for Mesothelioma Patients?

    There is no one set diet for mesothelioma patients, as each patient has specific nutritional needs as well as treatment and care goals. Always consult with your mesothelioma care team about the type of diet that will work best for you.

    However, overall, mesothelioma patients usually benefit most from the following characteristics in a diet:

    Eat Foods Low in Bad Fats, and High in Good Fats

    Not all fats are created equal. Bodies need certain types of fats to absorb vitamins and minerals, maintain healthy cells, nerves, and muscles, and help with blood clotting and with inflammation—all of which is especially important for mesothelioma patients.

    Monounsaturated fats and polyunsaturated fats (including omega-3 fatty acid) are “good fats” that mesothelioma patients should incorporate into their diets. They usually come from plants and vegetables, nuts, seeds, and certain types of fish. Foods rich in good fats include:

    • Olive oil, which also has high levels of antioxidants and vitamin E.
    • Other non-hydrogenated oils, including peanut oil, canola oil, and high-oleic safflower and sunflower oils.
    • Avocados
    • Walnuts and Brazil nuts, as well as most other nuts.
    • Flaxseeds
    • Fatty fish, such as salmon and mackerel.
    • Shellfish

    Fats to Avoid With Mesothelioma

    Unless otherwise instructed by their mesothelioma care teams, patients should avoid trans fats and saturated fats. These fats can increase the risk of heart disease, stroke, diabetes, and inflammation.

    “Bad” fats are most commonly found in fried and fast food, shortening, red meats, animal fats, and hydrogenated vegetable oil.

    Eat Lots of Lean Proteins

    Protein is an essential nutrient that is needed by the body to maintain many crucial functions, such as metabolizing food into energy, circulating oxygen throughout the body, creating antibodies to strengthen the immune system, and both creating and protecting new, healthy cells.

    It also helps mesothelioma patients undergoing treatment to keep on weight, which can be difficult due to the side effects of certain types of treatment.

    Good sources of protein for mesothelioma patients include:

    • Fish
    • Poultry
    • Lean beef or pork (in moderation)
    • Eggs
    • Dairy products
    • Legumes, like beans, peas, or lentils
    • Tofu
    • Nuts and seeds
    • Turkey
    • Cooked eggs (any style)
    • Full-fat Greek yogurt
    • Cheese
    • Hummus
    • Avocados
    • Chickpeas
    • Peanut butter

    Proteins to Avoid With Mesothelioma

    In general, mesothelioma patients should try to avoid sources of protein with too much animal fat, such as non-lean red meat or bacon. They should also limit or avoid processed meats and cold cuts, which contain nitrates that can complicate lung health.

    Nutrient Dense Fruits and Veggies

    Fruits and vegetables should make up a significant portion of the diets of mesothelioma patients. There are several types of fruits and vegetables that are especially good for supporting the health of patients with lung cancers like mesothelioma, including:

    • Blueberries: Are a highly nutritious source of antioxidants called anthocyanins, which have been shown to protect lung tissue and may contribute to slowing the rate of decline in lung functioning.
    • Apples: Contain an antioxidant called quercetin as well as flavonoids and high rates of vitamin C, which may be linked with reduced rates of lung decline and protection against lung damage (especially in those who eat 5 or more apples per week).
    • Beets: Beetroot and beet greens are packed with vitamins and minerals that reduce blood pressure and help lung function and oxygenation. Beet greens have added potassium, magnesium, vitamin C, and carotenoid antioxidants, all of which lay a foundation for healthier lungs. Potassium also helps reduce water retention and improve digestion.
    • Leafy Greens: Bok choy, spinach, kale, and chard also provide carotenoids and other antioxidants, as well as iron, potassium, calcium, and other vitamins. Swiss chard is especially high in magnesium, which protects against inflammation and tends to relax the bronchioles—the small airways in your lungs—to facilitate easier breathing.
    • Pumpkins: Contain specialized carotenoids (specifically carotene, lutein, and zeaxanthin) that are powerful antioxidants that help the body’s anti-inflammatory defenses, especially when it comes to the lungs.
    • Tomatoes: As a nutrient-dense food, tomatoes contain lycopene (a carotenoid associated with improved lung function and reduced airway inflammation), as well as potassium.
    • Peppers: Are one of the best sources of water-soluble vitamin C, and consuming just one medium-sized sweet red pepper can deliver over 150% of a person’s recommended minimum daily vitamin C intake. It’s especially important for patients with lung conditions like mesothelioma to maintain higher levels of vitamin C, which makes peppers a great addition to a mesothelioma patient’s diet.

    Fruits and vegetables can provide unparalleled bang for your buck as far as nutrients go, so mesothelioma patients should incorporate as many fresh or frozen fruits and veggies into their diet as possible.

    Many fruits and veggies are powerhouses of antioxidants, Vitamin C, Vitamin A, B Vitamins, Vitamin K, iron, potassium, fiber, manganese, thiamine, folate, and other nutrients that are essential for mesothelioma patients.

    Balance Carbs and Sugars (and Avoid Sodium)

    Choose complex carbs over simple carbs. Mesothelioma patients should get lots of fiber in their diets (around 20-30 grams per day), which is where complex carbohydrates can come in handy.

    Dietary fiber can help regulate blood sugar and the digestive system, which can facilitate better oxygenation and overall functioning. Mesothelioma patients should opt for complex carbs like whole-grain bread and pasta over simple carbs like white bread, white table sugar, candy, cake, and non-diet soft drinks.

    Simple carbs take more work to digest and therefore take more work for the lungs to metabolize them.

    Mesothelioma patients usually benefit from a low-sodium diet. Sodium causes fluid retention, which can negatively affect lung functioning and breathing.

    Many common items at the grocery store contain high levels of sodium, so be sure to read labels and try to opt for low-sodium versions of staple products, aiming for no more than 300 mg of sodium per serving.

    Keep Your Calories Up Throughout the Day

    Mesothelioma patients often have trouble eating, especially during treatment. Both cancer and chemotherapy can cause severe nausea and other unpleasant side effects, which can make people want to eat less or skip meals.

    However, it is absolutely essential for mesothelioma patients to maintain their body weight—or to come as close as possible—during their treatment. In order for the body to be able to withstand treatment and heal, it has to be healthy, with reserves of muscle and healthy nerves. Consuming a sufficient number of daily calories is essential to keep your body in fighting shape.

    Try to eat and drink continually throughout the day, having five to seven small meals or snacks rather than three large meals. Keep a beverage on-hand and try to encourage as much hydration as possible. This will keep your body steadily supplied with calories and nutrients.

    You should also be ready to combat the unique issues that mesothelioma and other cancer patients face when attempting to eat. Patients often experience side effects in addition to nausea that may make it difficult to eat. Each of these need a work-around.

    For example, taste often changes with chemotherapy, and foods may suddenly taste bitter or overly sweet. To combat this, add new spices or sauces, or combine foods into different textures until you find something new that tastes better. Add salt to food that tastes too sweet and sweeten suddenly bitter-tasting food with juices and nectars. You can also chew gum, suck on hard candy, and try sour or tart foods to kickstart your taste buds.

    As always, it’s essential to consult your doctor about any changes you intend to make to your diet.

    If you or a loved one is suffering from mesothelioma and have questions, call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer.

    https://www.satterleylaw.com/blog/2022/08/common-asbestos-exposures-that-can-lead-to-mesothelioma-podcast/

    The House I Want to Buy Has Asbestos. What Should I Do?

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    The supply of housing isn’t keeping up with demand. The Brookings Institute estimates the nation was short 4.9 housing units in 2023. Those looking for houses may not be as choosy as they would like to be, including considering older homes with asbestos-containing products inside.

    If you’re in that situation, what should you do? You could not buy it, but what other houses are for sale in your area, and how much do they cost? How do you handle purchasing a house containing a potentially hazardous substance with the potential to cause cancer?

    Where Might Asbestos-Containing Products Be?

    Asbestos can be in many areas of homes built before the 1980s because asbestos was used in thousands of products, many of them in homes. Here are some possibilities:

    • Attic: Loose-fill (vermiculite) or spray-on insulation
    • Basement: In or on furnaces, boilers, wood stoves, hot water pipes, and ventilation ducts
    • Floors: Tiles or the glue (mastic) keeping them attached to the floor
    • Ceilings: Textured “popcorn” ceilings, ceiling tiles, textured paints, plasters
    • Interior walls: Plaster, wallboards, joint compounds, paints
    • Roof: Shingles, felt, and mastics
    • Exterior: Siding and stucco

    Never waive your right to inspect a house before buying it. As part of the pre-sale inspection, professional testing is the only way to know if something in your home has asbestos. Don’t be too concerned about the issue until you get results showing asbestos.

    Asbestos is in the House. What Should I Do About It?

    That depends on many factors, including the following:

    • Is the product intact or deteriorating and falling apart (releasing fibers into the air)?
    • Is it in an area where people are likely to be or tucked away where someone is unlikely to go? The more exposure to an old asbestos product, the more likely it will cause health problems
    • Is it in an area where repairs or renovations are planned or likely? Repairs or renovations may require contact or removal of the asbestos product
    • How risk-averse are you? Are you uncomfortable with anything in your house that could be a health threat? Are you risk-tolerant and willing to put up with something that might be, but isn’t yet, a problem?

    If asbestos is present, it could lower the house’s value unless demand is so high that potential buyers will overlook it.

    Here are some approaches to consider with the seller:

    • Demand the asbestos products be abated as a condition of the sale. Professional abatement will cost thousands of dollars. It will vary on the volume and complexity of the work. It may cost less if the contractor is more eager for projects. The seller may agree, reduce the price to entirely or partially cover the cost of abatement you’ll arrange for in the future, or refuse to do anything because the house is being sold “as is”
    • Ask for a reduction in sales price to reflect the property’s diminished value or the cost of abatement you’ll pay for. The seller may agree, and you’ll negotiate the amount, or they’ll refuse to accept a lower bid
    • Not ask for anything. The seller may have been upfront about the house being sold “as is.” You could say that due to the discovery of asbestos, you’ll lower what you’re willing to pay. You may negotiate how much that will be, or the seller may refuse to accept less
    • You could not ask for anything and accept the condition for the price you tentatively agreed to pay. There may be a small amount of asbestos. It may be easily removed or sealed up. You’re in great need of housing, have few other options, and are willing to cope with the asbestos in the house

    Real estate is a two-way street. Your situation is only part of the equation. The seller’s circumstances are the other. They may be:

    • Desperate to move, access the equity in the house, or stop making mortgage payments and be more flexible in negotiations
    • In no hurry to sell and feel that if they turn you down, it won’t take much time or effort to find another potential buyer who is less concerned about asbestos

    Asbestos is just one potential hazard in older homes, including the following:

    • There may be mold or lead paint in the home
    • Well or municipal water may be contaminated
    • If you’re not connected to municipal sewers, an older, poorly constructed, or designed sewage system may fail

    Given the home’s overall condition, asbestos may be one of many things to be concerned about.

    Call Us Today for A Free Consultation

    We are your boots on the ground if you or someone you love suffers from mesothelioma or another asbestos-related illness in Kentucky. To reach our office in Louisville, call 855-385-9532. You may also complete our contact form for a free initial consultation.

    Hospitals Can Be Held Responsible for Abusive Employees

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    We assume our healthcare providers have our best interests at heart. We should accept that even the best-intentioned medical professional can make a mistake. Still, we may find it hard to believe someone in healthcare would intentionally hurt anyone. The sad fact is those people are out there, and if you or your child are a victim, you may be entitled to compensation.

    Satterley & Kelley, PLLC, helps people victimized by criminal and negligent healthcare professionals, including those who should have stopped patient abuse caused by another. To learn more, contact us at 855-385-9532.

    Hospital Nurse Charged with Child Abuse

    Employees at Henrico’s Doctors’ Hospital in Richmond, Virginia, first noticed mysterious injuries to newborns in the summer of 2023, reports the Washington Post. Last December, three infants in the neonatal intensive care unit (NICU) suffered “unexplainable fractures,” according to a hospital statement.

    That cause may be registered nurse Erin Elizabeth Ann Strotman, 26, who was arrested and charged with felony child abuse and malicious wounding in connection to an incident that happened in November. Police state they’re reopening investigations into injuries suffered by babies in 2023 and 2024.

    The Post’s reporter spoke to the parents of a child whose leg was broken when being cared for at the NICU in 2023. He was one of two premature twins struggling to become healthy. The father’s mother is a former NICU nurse who, after hearing of the injury, reported it to Virginia’s Child Protective Services.

    The hospital opened an investigation into the incident but closed it two weeks later. The local police also investigated and closed the investigation a year later. The parent was told the police believed it was the result of abuse, but they couldn’t come up with a suspect.

    His son’s case was reopened in March of 2024. It’s believed at least seven infants were injured over time. One had 12 bone fractures. The parent stated he was shocked Strotman was arrested because he remembered her as kind.

    In late December 2023,the hospital announced the following:

    • Increased safety training for NICU caregivers
    • Additional physical examinations of each NICU patient
    • New training to help employees identify and report neglect or abuse
    • Two new security systems, one allowing parents to watch their infants at all time
    • A system ensuring babies were never alone with caregivers

    Strotman’s next court date is expected on March 24.

    Hospital’s Actions Too Little Too Late?

    The Post states an investigation by the Virginia Department of Health revealed the hospital failed to report suspected child abuse on time after four babies were injured in 2023. Three more experienced fractures the following year.

    The report states two inspectors went to the hospital in September 2023 after four premature infants in the neonatal intensive care unit had fractures in one month. Investigators concluded that “the facility failed to protect and promote each patient’s rights” in the following ways:

    • The hospital was required to report possible abuse within 24 hours of finding it. Four fractures were found between August 5 and September 5, 2023, but the state wasn’t notified until September 20, 2023. One employee stated the delay was caused by the hospital consulting with outside medical experts. They concluded the injuries may not have been caused by accident
    • The hospital also failed to track the identities of the employees who collected lab samples from the infants during the time in question

    The hospital responded with a corrective action plan that included the training and safety measures announced in 2023. After more babies were injured in 2024, the hospital’s NICU stopped admitting patients, and a nurse was charged with child abuse. The injuries continued despite these measures, and the hospital shut down the NICU unit.

    The hospital installed cameras in NICU rooms in January 2024. One camera recorded Strotman putting pressure on a five-month’s legs, then pushing them so his feet were by his head, causing him distress. The child was later found with broken leg bones and fractured ribs.

    The Virginia Department of Health placed the hospital’s license on a conditional renewal status. It couldn’t admit patients to the NICU, follow safety rules, and allow regular state inspections.

    Speak To A Personal Injury Attorney Today

    If a healthcare professional abuses you or a family member, whether at a nursing home, hospital, office, or any other place, the organization running the facility may be held accountable through a personal injury claim for not preventing it from happening. They may have negligently hired or failed to reasonably supervise the person, leading to the injuries.

    Satterley & Kelley PLLC attorneys can help you take legal action. We will there every step of the way, protecting your interests and ensuring you get the compensation you deserve. Don’t to deal with a serious injury alone.

    Take advantage of a free consultation where you can discuss your case, call our Louisville office at 855-385-9532. You may also complete our contact form if it’s more convenient.