Mesothelioma Lawsuits

What is Pure Comparative Negligence? How Might It Affect My Case?

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Whether you’re making an insurance claim or involved in a personal injury lawsuit, the legal doctrine of pure comparative negligence comes into play under Kentucky law. It has positive and negative aspects, and Satterley & Kelley, PLLC will make the most of your situation and put forward your case as strongly as we can.

Under comparative negligence, the fact finder (a judge or jury) will determine each party’s degree of fault. In states with modified comparative negligence, the plaintiff (you, the injured party filing the lawsuit) must show they are no more than 50% or 51% at fault to recover damages (the harm you suffered measured in dollars). Thirty-three states use this system.

Thirteen states, including Kentucky, have a pure comparative negligence system. Each party can receive compensation for the other party’s share of blame for the accident. If the other party is 60% at fault for the accident, you can collect 60% of your damages from them or their insurance carrier. The defendant may counter-sue you and collect from you or your insurance carrier 40% of their damages.

Four states, plus the District of Columbia, have a contributory negligence system. If you are at fault in any way, your case can be dismissed, and you won’t collect any damages.

How Can Pure Comparative Negligence Help a Plaintiff?

It can be good for you and your case for several reasons.

1. You Could Recover Even If You’re Mostly at Fault

With stricter negligence rules (like modified comparative or contributory negligence), if you’re 50% or 51% responsible for the accident or at fault to any degree, your case will be dismissed, and you will obtain nothing. If a judge or jury finds you’re 55% at fault, at least you’ll collect 45% of the damages you’re seeking

2. A More Fair Allocation of Fault

Many accidents happen because both parties aren’t driving as well as they should. You both may be driving too fast for the conditions, but the other driver switched highway lanes without first looking if it was safe to do so and sideswiped you. This system allows for a more accurate and fair allocation of responsibility. You won’t lose your right to compensation because you made a mistake that played a role in causing the accident.

3. It Encourages Settlement and Negotiation

Since both parties’ actions are evaluated and play key roles in negotiation, this system may encourage both parties to settle. Neither side knows how much fault a judge or jury may assign and may want to settle to end the uncertainty.

How Can Pure Comparative Negligence Hurt a Plaintiff?

This method of evaluating a case can make it more difficult for plaintiffs in many ways, including the following.

1. Reducing Compensation

Your share of the fault reduces the damages you’ll obtain. The more you’re at fault, the less compensation you’ll receive. If your fault is significant, seeking damages may not be worth the effort. It will make more sense for the other party to sue you.

2. More Focus on Your Actions

The defendant in your case has a strong incentive to highlight your role in causing the accident, so making you look worse means the less they must pay. They may aggressively pick apart your version of events, scrutinize your behavior, prolong the case, and undermine your credibility in open court.

3. Psychological Impact

It may be emotionally difficult to endure a trial where your mistakes are repeatedly pointed out and criticized. This extended, public finger-pointing may be stressful, especially if you’re coping with physical, financial, and emotional hardships caused by the accident and your injuries. If you think this will be an issue for you, accepting a lower settlement offer may be worthwhile to avoid a stream of criticism in open court.

Speak To a Satterley & Kelley Personal Injury Lawyer Today

If another party injured you due to their negligence, Satterley & Kelley, PLLC attorneys can protect your legal rights to compensation.

To discuss your situation and how Satterley & Kelley, PLLC can help, call our office in Louisville at 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

If You Own a House, Not Just Internal Gas Leaks Are a Threat

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When we think of gas explosions leveling homes, we might think leaks in a kitchen or basement caused them. It doesn’t always happen that way. If a home explodes due to a gas leak, the source may come from outside. Satterley & Kelley, PLLC, represents people injured in home explosions and family members of those killed in these accidents.

Missouri Case Shows the Dangers of Ruptured Underground Gas Lines

In April, a gas explosion in a Lexington, Missouri home injured Jacob Cunningham and his ten-year-old daughter Camillia Lamb. It killed his five-year-old son, Alistair, according to KMBC. Cunningham recently filed a lawsuit against several defendants seeking compensation for the harm caused by a gas leak that fueled the explosion, which he blames on negligent acts that resulted in a ruptured gas line.

United Fiber, Alfra Communication, Sellenriek Construction, and Liberty Utilities are named defendants. The blast occurred after a construction crew mistakenly hit a gas main while burying a fiber optic line.

Cunningham claims natural gas leaked from the line for more than three hours, spread underground, and entered his home before igniting. The lawsuit claims the defendants failed to:

  • Follow Missouri’s utility safety laws
  • Properly locate and mark gas lines
  • Notify residents of the accident
  • Shut off gas and electric service in the area after the breach

The lawsuit alleges the defendants failed to take precautions required by state law.

How Can an Underground Gas Leak Outside a House Cause it to Explode?

Natural gas doesn’t just accumulate at the site of the leak. It moves, depending on conditions. If a buried gas line ruptures or cracks because of corrosion, shifting ground, tree roots, or construction digging, the gas will escape underground.

It will follow the path of least resistance. It could be cracks in the soil, utility trenches, or conduits.

If it makes its way to a house’s foundation, it could enter through the following:

  • Foundation cracks
  • Sewer lines or sump pits
  • Gaps between where pipes or cables enter the home

Unless the supply is cut off, it may accumulate to dangerous levels in the following:

  • Enclosed areas like a basement or wall cavity
  • A covered porch, garage, or crawl space

Finally, something ignites the mixture of gas and air in the home. That ignition source could be the following:

  • A furnace or water heater pilot light
  • Electrical outlets or switches
  • A car starting in a garage
  • Lit cigarettes, grills, or static electricity

The resulting fire could be a sudden burst of flames (a flash fire) or a sustained fire spreading through flammable material inside and outside the home.

How Could Negligence Play a Role in a Natural Gas Fire?

Negligence is the legal foundation of most personal injury lawsuits and insurance claims. It’s a party failing to act reasonably, given the situation, by not doing something or not doing something well enough, given their relationship and obligations to others.

Many things could lead to a contractor striking a gas main at a work site, all of them preventable. Potential acts of negligence could include the following:

  • Services that keep track of underground utilities, like gas mains, are available to tell people where they are. Failing to make an effort to at least try to find a gas main where there will be construction would be negligent
  • Workers ignoring or misreading areas marked as having gas lines can lead to digging into the line or close enough to damage it
  • Using heavy machinery (like backhoes or excavators) too close to a marked gas line instead of digging with shovels could be considered negligent
  • Not surveying the site for utility lines before starting to dig
  • Miscommunication between project managers, subcontractors, and equipment operators can lead to digging in unsafe areas.
  • Time pressure or attempts to save money by rushing the work by ignoring safety regulations can lead companies to strike gas mains
  • Primary contractors are responsible for subcontractors. Lack of oversight or failure to ensure they follow proper procedures would be negligent
  • Continuing to perform work after a gas main is discovered or is punctured would be negligent

We thoroughly investigate all the factors that led to house fires and explosions that impacted our client’s lives. The facts we uncover are the basis for insurance and legal claims that can compensate our clients for the harm they suffer.

Get The Legal Help You Need

If you’re injured in a gas explosion or a family member was killed in one, you may be entitled to compensation. To talk to an experienced personal injury attorney about your situation, contact our Louisville law offices online or call us at 502-589-5600 (Toll free at 855-385-9532). We can discuss your case, how Kentucky law may apply, and how you should proceed.

Signs Your Loved One May be Abused at Their Nursing Home

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You choose the best facility you can and hope for the best. Your parent may have needed to start nursing home care unexpectedly after an accident or due to a medical condition. You thought the staff was trustworthy, but that trust may have been misplaced. It appears your parent’s been abused, and you want answers.

Satterley & Kelley, PLLC represents individuals abused and neglected at Kentucky nursing homes and their families. We know the indications of abuse and the evidence needed to show whether the cause was intentional abuse or something else. If your parent or loved one is suffering at their nursing home, contact us so we can get to the bottom of what’s going on.

The Damage Done by Elder Abuse

Everyone, no matter their age, physical or mental limitations, deserves respect and to be safe from harm. That’s not the reality far too often. Over time, elder abuse may:

  • Harm an individual physically and psychologically
  • Destroy social and family ties
  • Cause devastating financial losses

Research, according to the American Psychological Association, suggests that abused older people tend to die earlier than those who have not suffered abuse, even when they don’t have any chronic conditions or life-threatening diseases. The sad and scary truth is human predators are seeking vulnerable people to victimize.

What Types of Abuse Are There?

There is no single pattern of elder abuse. It’s a complex problem that can vary depending on the nursing home, its management, the abuser, and the victim. The abuser seeks a person who will fulfill their twisted need to hurt others in a place where they believe they’ll get away with it.

Elder abuse can take many different forms, including:

  • Physical abuse: This may involve slapping, punching, shoving, burning, biting, tripping, inappropriate use of medications, and physical restraints. If enough force causes unnecessary pain or injury, even if it’s done by mistake or in the belief it’ll help the older person, it can be considered abusive
  • Verbal, emotional, or psychological abuse: This can involve yelling, swearing, threatening, insulting or disrespectful comments or repeatedly ignoring the older adult. It can include treating the person like a child and isolating them from friends, family, and regular activities. It’s a coercive or threatening behavior that puts the abuser in a position of power over the older adult
  • Sexual abuse: This includes inappropriate touching or photography, forcing the person to view pornography and unwanted sexual behavior
  • Financial abuse and exploitation: This ranges from misuse of someone’s funds to embezzlement. The victims are often mentally incompetent and easily manipulated or extorted into agreeing to do things like hand over money or sign documents. This includes check forgery, taking control of their retirement or Social Security income, or using their credit cards and bank accounts without permission. It may also be changing beneficiaries of a will or life insurance policy. It could also be changing names on a title to a house
  • Caregiver neglect: This includes intentionally failing to meet the older person’s physical, social, or emotional needs. Neglect is the failure to provide food, water, medication, clothing, and assistance with daily living or personal hygiene

Often, the elderly and those with disabilities suffer multiple types of abuse at the same time.

What are the Signs of Elder Abuse?

While some of these symptoms may be caused by age, disease, or medications, their appearance should alert you to the need to investigate, determine, and address the cause. Indications of abuse include the following:

  • Unexplained burns, bruises, cuts, or scars
  • Lack of adequate food and water, basic hygiene, or clean and appropriate clothes
  • Lack of medical aids (walker, glasses, dentures, teeth, hearing aid, medications)
  • Sunken eyes
  • Unexplained weight loss
  • Bedsores
  • Dismissive attitude by staff or statements minimizing injuries
  • The person is unreasonably fearful or suspicious
  • Self-isolation or refusal to communicate
  • Depression or anxiety
  • Unexplained or unusual behavior changes
  • Vaginal infections or anal bleeding
  • Venereal diseases
  • Signs of insufficient care
  • Unpaid bills despite adequate money to pay them
  • Large withdrawals from bank accounts
  • Unusual ATM activity

Family members should know their loved ones well enough to know something is wrong. Your parent may be afraid to speak out about what’s happening or blame themselves for what’s going on. You may need to get your parent out of the building before they feel safe enough to talk.

Speak To a Nursing Home Abuse Attorney Today

Our attorneys will fight for your loved one to obtain respectful care, compensation for injuries, and accountability for those responsible for the abuse. To set up a free initial consultation with an experienced lawyer at our firm, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or contact us online.

Two of the Ten Most Dangerous Jobs Involve Driving

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Every time you drive, you put yourself and your passengers in danger. The fact that people who are on the road for a living, those with the most experience, are at high risk of getting killed tells you how dangerous driving can be.

The Transportation Industry is One of the Most Dangerous You Can Work In

In 2022, the federal Bureau of Labor Statistics (BLS) states US employers reported 2.3 million nonfatal job-related injuries, reports Industrial Safety & Hygiene News (ISHN). The BLS reports that year there were 5,486 fatal accidents at work that year.

According to the BLS:

  • A worker was killed, on average, every 99 minutes from a job-related fatal injury in 2023
  • Transportation accidents were the most common fatal event, accounting for 36.8% (1,942) of all job-related deaths
  • Transportation accidents were the top cause of fatalities for Black (261) and Hispanic or Latino (390) workers in 2023
  • Workers aged 55 to 64 had the top number of fatalities by age group in 2023, with 1,089 (or 20.6% of total fatalities). Transportation accidents were the most common cause of death for this group (401)
  • The transportation and warehousing industry had the second most fatalities (930) behind construction (1,075)
  • Transportation accidents accounted for 71.7% percent (667) of fatalities in this sector

The BLS stated fatalities were generally down in 2023 from 2022.

The Most Dangerous Jobs in the US

The top ten most dangerous industries in terms of deaths per 100,000 full-time workers, based on 2022 BLS data, are:

  1. Logging
  2. Roofing
  3. Fishing and hunting
  4. Construction trade helpers
  5. Aircraft piloting and flight engineering
  6. Trucking
  7. Refuse and recycling collection
  8. Iron and steel construction, demolition, and rehabilitation
  9. Mining
  10. Agricultural work

As measured by the number of work-related deaths, some jobs are more dangerous than others. ISHN found some of the most hazardous work in the US:

  • Occurs outdoors
  • Sometimes in bad weather
  • Often when people worked alone or in isolated areas
  • With job-specific heavy equipment
  • Often involving transportation
  • Often with little or no formal safety training

Some factors making transportation-related jobs so dangerous include the following:

  • Delivery and truck drivers: Most hours worked are on the road, so the risk of vehicle crashes is far higher than other jobs
  • Refuse and recyclable material collectors: Most of their work hours are spent on the road as well, increasing the chances of vehicle crashes, which are far greater than most other jobs. On-the-job safety training is typical, so workers are exposed to danger while they’re trying to learn to minimize it

ISHN reported that the compensation for most of those with the highest risk of death didn’t match the dangers they face. There is no bonus for risking death in most of these jobs:

  • Salaries range from $34,790 (farm workers) to $189,620 (aircraft pilots and engineers)
  • The average yearly blue-collar job salary in 2024 was $47,514.
  • Three of the top ten most dangerous jobs have incomes at or below that national average
  • Only two have average yearly salaries of more than $60,000

If you are injured on the job or a family member suffers a work-related death, you can file for workers’ compensation benefits from the employer. If that injury or death is caused by someone who’s not a co-worker, you may be able to file an insurance claim or lawsuit against that party. This compensation may be far more than what’s available through workers’ compensation.

Speak To a Kentucky Truck Accident Attorney Today

If you are injured, or a loved one is killed, in a work-related accident with a car or commercial truck in Kentucky, Satterley & Kelley PLLC can help you get the compensation you deserve. Put boots on the ground with our help.

To discuss your truck accident and how Satterley & Kelley, PLLC can help, call our office in Louisville at 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

 

Airborne Asbestos

Airborne Asbestos May Come from an Illegal Dump Not Far from You

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Asbestos is a naturally occurring fiber that can cause cancer after you inhale or swallow its microscopic fibers. This may happen whenever and wherever you encounter them. You may be exposed after asbestos is illegally dumped nearby, and the fibers float through the air, blown by the wind.

Satterley & Kelley, PLLC, represents those with asbestos-related illnesses. We file claims and lawsuits against the companies responsible for the harm you suffer to provide you with compensation.

Asbestos should be disposed of in specially regulated and equipped landfills that accept hazardous waste. It should also be properly packaged to reduce the risk of fibers being released.

Property owners who clean asbestos from their buildings or vehicles can illegally dispose of the material. They may not realize what they have is toxic, or they may know it’s dangerous but don’t care about the harm it may cause. Abatement contractors may tell customers the waste will be properly handled, but instead illegally dispose of it.

It could be thrown out by the roadside, where other material is illegally dumped, or mixed in with trash generated by households or businesses and disposed of in landfills.

Why is Asbestos Illegally Dumped?

There are many reasons why this may happen, including the following:

  • Legitimate asbestos disposal is expensive. Strict regulations cover handling and disposing of asbestos and materials containing it. There are specialized disposal sites and procedures to ensure safety. Those illegally dumping asbestos shift the financial burden of exposure and legal disposal onto others
  • Someone may be unaware of the requirements of legal asbestos disposal, or not know that the material they have contains asbestos
  • Time is money. Some want to save both by not bringing asbestos to licensed landfills that may be a long distance from them
  • Weak enforcement of environmental laws can lead people and businesses to believe they can get away with breaking the law. Unfortunately, most of the time, they’re correct
  • Illegal dumping can happen after demolition work by contractors who cut corners and are not concerned about safety. Not only might asbestos be illegally disposed of, endangering the public, but workers’ health is also threatened if they’re not properly trained or equipped to handle asbestos safely

There are many reasons why companies cut corners and illegally dump asbestos. None of them justify the potential harm they could cause others.

Where Might Asbestos be Illegally Dumped?

The locations vary. One may be near where you live or work. Some of them include the following:

  • Vacant or abandoned buildings that lack security. They may already contain a variety of toxic materials onsite, and asbestos adds to the mix
  • Remote or secluded areas, such as woods, fields, forests, or rural land. They may be less likely to be visited by people or environmental authorities, so that illegal disposal might go undetected for a long time
  • Landfills or sites where there is little or no regulation. Individuals may bribe workers to look the other way when toxic materials come through the gates, or they might leave the materials where they will not be noticed. Those running legitimate landfills may be lied to when they ask about material to be unloaded
  • Vacant lots, undeveloped land, or public spaces in urban and suburban areas that are poorly maintained and may not be monitored for waste dumping
  • Abandoned mines or quarries can be forgotten or left unused for long periods, making them more vulnerable to illegal activity
  • Asbestos-containing material may be mixed with construction waste, so it may be difficult to tell the difference between the two when they end up where construction waste is legally disposed of
  • On the side of the road or near garbage collection points. Others may illegally dump furniture, tires, or household waste, and asbestos-containing materials are added

If you’re near any of these locations, fibers released into the air threaten your health.

Call Us Today for A Free Consultation

Illegal asbestos disposal may be to blame if you have an asbestos-related disease, and you may be entitled to compensation.

To discuss your situation and how Satterley & Kelley, PLLC can help, call our office in Louisville at 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

Natural Gas Leaks Sometimes Cause More Than Evacuations

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Natural gas is a significant energy source for Kentucky. The fact that it’s flammable makes it helpful in creating heat, whether cooking your dinner or heating an industrial process in a factory. However, being flammable and explosive in certain circumstances makes it highly dangerous. If you or a loved one are injured or killed in a gas explosion, or your property was damaged by one, Satterley & Kelley, PLLC can help you recover the compensation you deserve.

Kentucky used 310,541 million cubic feet of natural gas in 2023, according to one estimate. Not all of it went where it was supposed to go. It could’ve leaked from pipelines, gas lines, appliances, or industrial equipment. The gas, in and of itself, isn’t dangerous. It’s flammable and explosive when it mixes with air and ignites with a spark or flame.

Downtown Louisville Evacuates Due to Natural Gas Leak

No one in their right mind should stay inside a building with natural gas leaking into it. It could become a bomb that levels it and other structures around it.

Several downtown Louisville buildings, including Metro Hall, were evacuated the morning of February 25 as firefighters investigated a gas leak, reports WDRB. Several agencies responded to the scene, including about 40 Louisville firefighters, and the danger passed by 2:00 p.m., according to the Louisville Metro Emergency Services. 

Crews entered area buildings and ventilated them by opening windows. Metropolitan Sewer District employees opened manhole covers and aired out local sewers. No injuries were reported.

The cause wasn’t known then, but it was believed to be a leak from an eight-inch gas line running down 5th Street from Jefferson to Market. The line may have expanded and contracted during the recent extreme weather, causing it to crack.

Natural Gas Explosion Kills One, Injures Six

Danville in 2019 wasn’t the scene of a precautionary evacuation, according to WLKY. A natural gas pipeline there exploded, killing one and injuring six. Seventy-five people were evacuated from their area homes afterward. Three years later, federal regulators released their report on the cause.

The National Transportation Safety Board stated different factors were at play, but one of the leading causes was a pipeline manufacturing defect. Their final report stated the fire and explosion’s “probable cause” was the following combination:

  • A pre-existing “hard spot” (a manufacturing defect)
  • Degraded pipeline coating
  • Ineffective cathodic protection was applied to the pipeline in 2014, which caused its outer surface to crack and fail
  • A gas flow reversal project increased outside external corrosion
  • The pipeline company’s (Enbridge, Inc.) integrity management program failed to assess the pipeline’s integrity or accurately estimate the risks posed by several threats to the pipeline’s integrity

The explosion ejected 30 feet of pipeline from the ground, creating a 26,000-cubic-foot crater. Fires caused by the explosion destroyed five homes, and 14 more were damaged. These fires lasted several hours before crews could put them out. The pipeline ends at the Mexican border and New York City.

Family of Woman Killed in Explosion Files Wrongful Death Case

A month after the explosion, family members of the 58-year-old woman killed, Lisa Derringer filed a wrongful death case against Enbridge in Harris County, Texas, where the company is based, according to the Courier-Journal. Six others were hospitalized with burns.

The lawsuit alleges Derringer tried to escape and call her family after the blast but died because the fire and explosion consumed the oxygen in the area, physical trauma from the blast, and heat caused by the fire.

The plaintiffs also claim Enbridge failed to do the following, causing it to be liable for Derringer’s death:

  • Take steps to prevent the explosion
  • Warn nearby residents of its “hazardous conditions”
  • Properly train employees
  • Properly inspect, monitor, and maintain the pipeline
  • Properly monitor the pipeline and take corrective action

The family sought more than $1 million in compensation. One family member told the newspaper a lawsuit’s goal was to compel Enbridge to take pipeline safety more seriously.

Know Anyone Injured by a Gas Leak?

The attorneys at Satterley & Kelley have litigated claims involving and can help you with them, too. If you or someone you know is injured by natural gas, you may reach our office in Louisville at 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

Will the Driver Causing Your Accident Be Stoned on Soda?

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Although you can’t legally recreationally smoke cannabis in Kentucky, you can legally drink one of its active ingredients, delta-9-tetrahydrocannabinol (THC). Kentucky will be banning some cannabis-infused drinks and regulating others under a recently passed law. These THC drinks can impair drivers to the point where they’re dangerous to drive and cause accidents.

A bill to regulate these drinks in Kentucky was signed into law in March, reports WDRB. The state’s Department of Alcoholic Beverage Control will regulate product labels, define its oversight responsibilities, and limit intoxicating ingredients in these drinks. There will also be studies on how these drinks impact public health, with findings expected to be published in 2026.

Under federal law, these drinks are already available. You must be at least 21 years old to purchase them legally.

What are Cannabis-Infused Drinks?

Marijuana is a Cannabis sativa plant, according to the Harvard Medical School. It has more than a hundred chemical compounds known as cannabinoids. They interact with chemicals and receptors in the brain.

The best-known cannabinoid is delta-9-tetrahydrocannabinol (THC). It produces intoxication or euphoria. It may also ease pain and nausea. Another one is cannabidiol (CBD). It’s not intoxicating and has many potential medical uses, including relieving anxiety.

Cannabis with low THC levels (less than 0.3%) are classified as hemp. Those with more are considered cannabis. The amount and type of cannabinoids that cannabis-based products claim to have vary widely, and their labels may be inaccurate.

Many cannabis-infused drinks list THC as an ingredient. There’s no standard dose, but five milligrams (mg) is a level typically used in research studies. Some “low-dose” beverages have two to four mg of THC in an eight-ounce container. Other products may have as much as 200 mg of THC. They may also contain alcohol, caffeine, and other substances.

How Do Cannabis-Infused Drinks Differ from Cannabis-Infused Foods (Edibles)?

The cannabinoids in beverages are formulated to dissolve in liquid, making them more easily and rapidly absorbed into the body’s soft tissues. Someone drinking one may feel effects within 15-20 minutes, which may be much faster than someone eating a THC-infused gummy, brownie, or cookie. That may take 30 to 90 minutes because the cannabinoids must be digested and processed through the liver.

How Do the Effects of Cannabis-Infused Drinks Compare With Those Containing Alcohol?

More people drink alcohol than cannabis-infused drinks. Alcohol’s effects are better known to individuals and society as a whole. How a cannabis-infused drink will impact someone depends on many factors, including:

  • How the individual responds to THC
  • How much THC is in the drink
  • Other drink ingredients
  • What else the person has eaten or drunk, and whether they’re using over-the-counter, prescription, or illegal drugs at the time

Drinking one or two more of these drinks can quickly double or triple your THC dose. Your experience could go from mild to severe. You may not feel high, or that feeling may be overwhelmed by anxiety, nausea, increased blood pressure, agitation, or paranoia.

How Does Age Affect the Experience?

Unpleasant side effects may be more common in older adults because drug metabolism slows with age. Cannabis-related visits to hospital emergency departments increased in older adults after California legalized recreational cannabis use. The same thing happened in Canada, according to a recent study in JAMA Internal Medicine.

There are many more unknowns with cannabis-infused drinks than those containing alcohol, so whether one’s more healthy than the other, no one can say for sure.

Can Cannabis-Infused Drinks Impair Driving Abilities?

Cannabis impacts parts of the brain, controlling your movements, coordination, balance, memory, and judgment, according to the Federal Centers for Disease Control and Prevention. It also impairs skills needed to safely drive by:

  • Slowing your ability to make decisions and reaction time
  • Impairing coordination
  • Distorting perception

There’s an association between cannabis use and car accidents, but it may be difficult to connect the presence of cannabis or THC in a person to impaired driving. Studies have shown using multiple substances (such as cannabis and alcohol) simultaneously can increase impairment.

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

If you’re injured in an accident caused by a driver impaired by THC, Satterley & Kelley PLLC attorneys can protect your rights to compensation for your injuries and losses. To reach our office in Louisville, call 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

Asbestos Exposure

Business Owner Who Knew Better Exposed Workers to Asbestos

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It may not be shocking that someone running a business may not have heard of asbestos or know its danger. You may be disappointed if they unknowingly do something stupid and expose others with the cancer-causing mineral fiber. But when a business owner repeatedly endangers others with asbestos, it’s a sign they may be cutting corners and risking their employees to save time and money.

In February, the Washington State Department of Labor & Industries (L&I) fined an unnamed U-Haul dealer in East Spokane $231,000 for knowingly exposing its employees to asbestos.

In 2019, U-Haul Co. of Washington bought a former K-Mart building and started renovations without testing the nearly 60-year-old building for asbestos.

Some Asbestos Tiles Removed Responsibly, Others Not

The Spokane Regional Clean Air Agency states almost 90,000 square feet of mastic and vinyl floor tiles at the site contained asbestos, which causes asbestosis, mesothelioma, and lung cancer. The agency fined and cited U-Haul and advised them on how to renovate the building safely.

The company coated some tiles with epoxy, and a certified asbestos company removed others, leaving about 7,400 square feet of asbestos-containing tiles.

Company mechanics told L&I inspectors that tiles started popping off the floor due to the weight of jack stands supporting vehicles above it. According to L&I, management told them to throw the tiles away in the trash, potentially endangering everyone who handled the site’s garbage.

Workers estimate they threw away 200-300 square feet of tiles before knowing they contained asbestos. Other workers used a torch, putty knives, and shovels to remove the tiles unsafely.

Same Thing, Different Place and Time

Workers lacked respirators or other personal protective equipment but used disposable gloves and safety glasses, which do nothing to prevent inhaling cancer-causing asbestos fibers. Management was aware of what was going on and encouraged it, according to L&I.

The citations and fines should have come as no surprise. In 2019, the same U-Haul business owner received citations and fines in California. Instead of hiring contractors to remove asbestos tiles safely, employees were told to use demolition equipment to remove asbestos-containing flooring at a former K-Mart building it purchased in Santa Barbara.

Call Us Today for A Free Consultation

Have you or a loved one been exposed to asbestos-containing floor tiles or mastics and been diagnosed with mesothelioma or another asbestos-related disease? If so, Satterley & Kelley mesothelioma attorneys can respond to your questions, discuss your rights to compensation, and what you should do to protect them.

Call our Louisville law office toll-free at 855-385-9532. You can also fill out our contact form to schedule a free case consultation.

Companies Still Violate Asbestos Laws

No Good Deed Goes Unpunished: Montana Asbestos Law May Change

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Some politicians can’t stand the sight of justice. They feel a need to get involved and make things more difficult, if not impossible, for those getting the compensation they deserve. Why let judges and juries decide outcomes when legislatures can choose for them? Montana is just one example.

We Couldn’t Allow Plaintiffs to Win, Could We?

Its House passed legislation in February could jeopardize hundreds of contamination and wrongful death lawsuits related to the Libby Asbestos Superfund Site, reports the Daily Inter Lake.

Several attorneys testified at a February House Judiciary Committee Hearing that three bills in the legislature would make it harder for citizens to sue large corporations, including BNSF Railway.

Anthony Nicastro, a Republican representing Billings, knows what it takes to make the company happy. He’s not just a member of the legislature and sponsoring all three bills, he’s an attorney who has represented the company. Cases he’s worked on include several involving potential liability for more than 3,000 asbestos-related deaths and illnesses in Northwest Montana.

Blaming a Bankrupt Company for Harm You Cause is Like Blaming a Corpse – You’ll Get No Argument from Them

BNSF rail cars transported asbestos-contaminated vermiculture from a mine owned by W.R. Grace (which is now bankrupt) to downtown Libby, exposing thousands of residents to cancer-causing asbestos fibers.

Last year, a federal jury found that BNSF contributed to two residents’ deaths and awarded their next of kin $4 million in compensatory damages. Hundreds more cases against the railway are pending so changes in the law could have a significant impact.

Because it no longer exists, W.R. Grace was not a party to last year’s trial. House Bill 303 would allow BNSF to blame W.R. Grace for the asbestos-caused disease and deaths, even though evidence at the trial showed BNSF was aware of asbestos’ dangers and failed to take sufficient precautions to protect town residents.

Plaintiffs’ attorneys state BNSF was found guilty not because of W.R. Grace, but because it maintained an abnormally dangerous condition on its property. The risks of having it were realized when residents became sickened and died due to the resulting asbestos exposure.

House Bill 302 would require a second trial for plaintiffs to receive punitive damages. House Bill 301 would create a two-year statute of limitation for property damage claims. All three bills passed the House.

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You may be entitled to compensation if you are diagnosed with mesothelioma or another health condition caused by asbestos.

Call our Louisville office toll-free at 855-385-9532 or complete our online contact form for a free initial consultation concerning your case.

Johnson & Johnson Files for Bankruptcy

Is Johnson & Johnson’s Bankruptcy Filing Fraudulent?

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Johnson & Johnson (J&J) is facing billions of dollars worth of lawsuits claiming its asbestos-contaminated baby powder caused cancer. The company denies it and is using bankruptcy law to try to impose a settlement on plaintiffs. A former head of the Food and Drug Administration (FDA) testified in February that contrary to what it stated in court filings, the company knew its products had asbestos fibers.

Attorneys Claim J&J Mislead Plaintiffs Who Voted for a Proposed Settlement

David Kessler, who led the FDA for more than six years, testified in a Houston bankruptcy court as a paid expert witness for those opposing J&J’s $9 billion settlement plan, Bloomberg reports. He said his review of evidence developed during more than 15 years of litigation after he left the FDA shows the company’s bankruptcy disclosures don’t accurately state what they knew for decades. If Judge Chris Lopez finds the filings are misleading, he could reject the plan.

Lopez will decide if J&J manipulated a vote by 93,000 claimants by providing them false information and whether the profitable company is trying to benefit from Chapter 11 rules meant to cover financially distressed businesses. J&J is being sued by plaintiffs claiming asbestos in the company’s baby powder caused their cancers.

J&J doesn’t deny its profitability. It states the bankruptcy process is the most efficient way to address these lawsuits. It also claims the vote was held fairly and impartially.

What Did J&J Know and When Did They Know It?

Kessler stated that internal company documents starting in 1971 “certainly showed” tests that found trace asbestos amounts in some talc intended for use in the powder.

J&J’s attorney, Alli Brown, stated the company denies being dishonest and never changed its position that its baby powder is safe and doesn’t contain asbestos. Kessler testified that the company tried to hide asbestos contamination for forty years.

J&J brought up that the FDA repeatedly concluded that the company’s talc powder products didn’t contain asbestos and never required the company to put a warning label on them. Kessler stated the agency found the product safe because the company hid its knowledge of asbestos contamination.

He testified that the FDA started taking action in 2019 after an internal 2017 J&J memo discussing asbestos became public. As a result, the FDA found contamination. Kessler stated that J&J based its safety claims on results from equipment that was not sensitive enough to find asbestos.

J&J’s two earlier attempts at bankruptcy were dismissed by the courts in which they were filed.  The company has lost appeals seeking to reinstate the bankruptcies.

Take Legal Action Now — Contact Our Firm

If you have mesothelioma or another type of cancer and used cosmetic talcum powder, you may be entitled to compensation for your lost wages, medical expenses, and pain suffering. Let us be your boots on the ground seeking maximum compensation for you and your family.

To set up a free initial consultation with an experienced lawyer at our firm, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or contact us online.