An End-of-Year Crash May Be a Dram Shop Case

Thanksgiving, Christmas, and New Year’s Day holiday celebrations often involve family, friends, co-workers, and drinking alcohol. They can result in good times and bad, including drunk driving and accidents. For injured victims, Kentucky’s Dram Shop law may provide a path to hold negligent alcohol retailers, not just the driver, financially accountable.

Satterley & Kelley, PLLC attorneys strongly advocate for those injured by the negligence of others, including drunk drivers and businesses illegally serving them. We are familiar with Kentucky Dram Shop laws and will provide you with the skilled, aggressive legal representation you deserve. Learn more by calling our Louisville office at (855) 385-9532.

More Drinking, More Drunk Drivers on the Road in November and December

Drunk-driving fatalities rise during the holiday season, particularly in December, according to the National Highway Traffic Safety Administration (NHTSA). In December of 2022, 1,062 people were killed in crashes involving impaired drivers.

The entire month is especially dangerous for those of us on the road. Not only might there be extended darkness, ice, and snow on the streets and highways, but NHTSA warns of drunk driving dangers in the year-end holiday stretch, especially from just before Christmas through New Year’s Eve.

According to the agency, “Alcohol-impaired driving remains a leading cause of fatal traffic crashes in the United States, especially during the holiday season.”

About 40 percent of all fatal vehicle accidents during Christmas and New Year’s Day involved at least one alcohol-impaired driver, states the NHTSA’s Traffic Safety Facts report for 2001 to 2005. That figure drops to about 28 percent for days in December that do not involve holidays.

In 2019, of 10,142 alcohol-impaired traffic deaths, 837 occurred during December, according to statistics from NHTSA, according to the National Road Safety Foundation. Christmas and New Year’s stand out with more drunk-driving fatalities than during any other holiday period.

Many of the state’s drunk drivers became intoxicated, or more intoxicated, at businesses licensed to sell alcohol. They’re legally obligated not to serve patrons who, to a reasonable person, appear intoxicated. That doesn’t stop many bartenders and wait staff from keeping the alcohol flowing. If these drinks impair the driver to the point that they cause your accident, their employer may be held accountable.

Those Injured by Drunk Drivers, and the Families of Those Killed by Them, May be Entitled to Compensation for the Harm They Suffer

If you are injured, or a family member is killed, in a car crash caused by a driver impaired or intoxicated by alcohol, the evidence of the accident may be the basis for an insurance claim or legal action against that driver. That may provide you with compensation for what you’ve endured, including pain, suffering, lost income, and past and future medical expenses.

Also, depending on the facts, there may be grounds to pursue a licensed business that served the person alcohol under Kentucky’s Dram Shop law. These cases might be brought if:

  • The customer acted so drunk when they were served that they should appear to a reasonable person to be intoxicated
  • The customer is younger than the legal drinking age
  • The business told the customer their drink didn’t contain alcohol when it did

A critical reason to hire a Satterley & Kelley, PLLC vehicle accident attorney after your injury is the thorough investigation we will provide. What may appear to you as a simple case may be much more complex, with potentially multiple parties (like a bar or restaurant) contributing to your accident and injuries.

Why Pursue a Dram Shop Claim?

Depending on what our investigation finds, a Dram Shop claim may be worth pursuing:

  • Bars and restaurants may serve more drinks per person, and servers may be less vigilant amid the holiday bustle. There are more opportunities for visible intoxication and for servers to fail their legal duty to cut drunk customers off
  • A bar, restaurant, or liquor retailer might be held legally and financially responsible if we can show that they overserved the driver who struck you. We will look at all the relevant evidence we can find: bar tabs, receipts, video footage, witness statements, and drink order timing
  • While the drunk driver is first in line for liability, they may have limited insurance coverage or assets. Holding a licensed seller accountable can provide an additional avenue for recovery, which is especially important in serious injury or wrongful death cases where so much damage is done
  • Dram shop claims also serve an important social purpose. They encourage responsible alcohol service and may help prevent future tragedies by holding businesses accountable if they ignore obvious signs of intoxication.

We tell our clients about their legal options and which ones we think are worth pursuing. Once we’ve fully educated them, it’s up to our clients to decide which legal path to take.

Speak With an Experienced Dram Shop Attorney in Louisville, Kentucky

Our lawyers have decades of experience handling motor vehicle accident and Dram Shop claims. To discuss your accident and injury with a knowledgeable Louisville attorney, contact our law offices online or call us at 502-589-5600 or toll-free at 855-385-9532.

Why a Dog May Be More Likely to Bite During a Holiday Season

The holiday season brings gatherings, travel, excitement, and chaos. That may make the season joyful for people, but potentially stressful for dogs. While many families assume their friendly pet “would never bite,” even well-behaved dogs can snap when overwhelmed by holiday disruptions.

If a dog injures you or a family member, call Satterley & Kelley, PLLC’s Louisville office toll-free at 855-385-9532 to discuss your rights to compensation. You may also schedule your free initial consultation by completing our contact form.

Your Dog Doesn’t Know It’s Christmas, New Year’s Day, or July 4. It Just Knows It’s Out of Its Routine and Stressed

If you understand why a dog may bite during the holidays, you may be able to avoid being bitten or prevent your dog from biting others. Here are key factors that may increase the chances of dog bites during any holiday.

1. Increased Stress and Overstimulation

The holiday season is loud, busy, and unpredictable. Dogs are creatures of routine, and if it suddenly changes, their behavior can too. During holidays, many dogs experience:

  • Loud noises from parties, celebrations, music, or visitors
  • New smells or unfamiliar items in the home
  • Crowded spaces where dogs feel physically restricted
  • Constant stimulation prevents them from resting

Overstimulation can cause anxiety, which can lead to defensive behavior. Even a dog that’s never been aggressive may growl, snap, or bite if pushed beyond its comfort level.

2. Visitors and Strangers May Increase a Dog’s Sense of Threat

For many families, holidays mean hosting relatives and friends. Some of these people may have never met the dog or may be uncomfortable around dogs. Dogs may have difficulty interpreting unfamiliar faces, voices, and behaviors, especially when these new people approach them too enthusiastically. Behaviors that may trigger dog bites include:

  • Leaning over the dog
  • Trying to pet or hug the dog
  • Approaching the dog too quickly
  • Touching the dog while it eats or sleeps
  • Loud or sudden movements, especially from children

A dog who feels trapped or threatened may react instinctively, even if the visitor means no harm.

3. The Dog May Be Around More Children and May Be Unfamiliar With Them

Children are the most common victims of severe dog bites. Kids, especially those who don’t have a dog, may behave unpredictably, including:

  • Running, shouting, or startling the dog
  • Pulling on fur, ears, or tails
  • Trying to hug or climb on the dog
  • Offering toys or food

During holiday gatherings, parents and dog owners may be distracted with hosting duties. Their lack of supervision, even momentarily, may lead to a dangerous situation.

4. Disruption of a Dog’s Routine Can Cause Anxiety

Dogs thrive on predictability. Their regular schedule may be disrupted during a holiday by the following:

  • Walks and exercise may be shortened, delayed, or skipped
  • Meal times may shift
  • Owners may travel or be away from home, or the dog may go with them
  • Sleeping arrangements may change
  • Dogs may be boarded or left with unfamiliar people

These changes increase stress levels, and a stressed dog is more likely to perceive everyday interactions as threatening.

5. Food Temptations and Resource Guarding

You may normally be very careful about keeping food away from your dog. If you have guests, there may be plenty of food in your home, some of which your dog may easily access. Dogs may:

  • Steal food
  • Guard food scraps
  • Snap at guests who approach their bowl or dropped food
  • Become territorial near food

Resource guarding can cause dog bites, and it may escalate quickly in a food-filled room. Guests, especially children, who try to take food from a dog risk being bitten.

6. Travel and Boarding Can Be Stressful

Dog-owning families who travel for the holidays may bring their dogs with them or leave them with boarding facilities or pet sitters. A dog in an unfamiliar environment, even with friendly people, may feel disoriented or defensive.

Travel creates new stressors:

  • Car or plane anxiety
  • Strange smells and territory
  • New people or animals
  • Temporary housing situations

Dogs may bite because they feel unsafe, confused, or protective in a new space.

7. Alcohol Consumption May Lead to Poor Judgment by Dog Owners or Guests

Alcohol is often a part of holiday celebrations. Alcohol reduces your ability to assess risk and increases the likelihood of an unsafe situation. Impaired guests or dog owners may:

  • Ignore warning signs that the dog may bite
  • Approach the dog too confidently
  • Try to pet, hug, or play with a dog that feels defensive or threatened
  • Fail to supervise children or their dog

Dog owners should anticipate these scenarios and secure their dogs. 

8. A Dog May Be Extra Protective of Their Home During Gatherings

Many dogs are bred to protect their home or territory. If a visitor rings a doorbell or knocks, enters the home, or moves about freely, a protective dog may interpret this as a challenge. A dog that is usually friendly can become territorial and potentially violent during:

  • Doorbell ringing
  • The arrival of guests

Owners should minimize potential triggers and keep protective dogs under control.

What are Kentucky’s Dog Bite Laws?

Kentucky dog bite laws hold the owner strictly liable for harm to the bite victim or their pet. Dog bite cases also involve the state’s comparative negligence law if the victim may have contributed to or provoked an attack.

If you’re at a holiday party, drink too much, and try to take food away from a dog, you’ll probably collect less compensation than if you were sober and minding your own business when you were bitten.

If you own a dog, given your potential liability if your dog bites someone, it’s wise to make sure you have plenty of insurance coverage for that possibility.

Speak To a Louisville Dog Bite Attorney About Your Case

If you suffer a severe dog bite or complications, call our Louisville office at 855-385-9532 or 502-589-5600 locally, because you may be entitled to compensation. You may also schedule your free initial consultation by completing our contact form.

The Hidden Dangers of DIY Home Renovations: Asbestos Could Cost You Your Health

Renovating an older house can add value and customize your living space to better meet your needs. If you are unwilling or unable to hire a professional to do the work, doing it yourself may be an option. But, depending on the house, tearing down walls and tearing up floors may produce clouds of asbestos fibers that could result in an incurable and fatal cancer.

Satterley & Kelley, PLLC attorneys represent people diagnosed with asbestos-related diseases, including mesothelioma, caused by their exposure to products containing the mineral fiber. If you’re in this situation, contact us at 855-385-9532 to learn more about how we can help you obtain compensation for your injury.

Housing affordability is a major issue facing Americans. But the short-term cost savings you may enjoy by renovating a house with asbestos yourself may result in massive healthcare costs and income loss later in life and, more importantly, cause your death or the death of a family member.

What is Asbestos?

Asbestos is the name for a type of mineral fiber that is extremely strong, light, and durable. An asbestos fiber is so small it can’t be seen with the naked eye and so light it could float through the air for hours. Asbestos fibers are resistant to heat, fire, chemicals, and electricity.

These qualities made asbestos attractive to companies that produced thousands of products over centuries. Some of these products were used to construct houses and insulate their heating systems.

Why is Asbestos Hazardous?

Fibers floating through the air are easily swallowed or inhaled without you being aware of it. After they become stuck in tissue in your body, they may stay there for the rest of your life.

Your immune system will attempt to destroy them. But asbestos fibers can withstand this attack, and the result is scar tissue and inflammation. Over decades of time, this damaged tissue may genetically mutate and become malignant.

Asbestos fibers cause many different types of cancer. Perhaps the deadliest is mesothelioma, which can be found in the linings of the lungs, heart, abdominal organs, and the abdominal and chest cavities. Mesothelioma killed an estimated 54,905 Americans from 1999 to 2020, according to medical researchers.

Where Might Asbestos Be Found in My House?

The first documented asbestos use dates back to the ancient Greeks, who incorporated it into cloth. It became more widely used in the Industrial Revolution and increased during World Wars I and II. Asbestos-containing products were widely used during the post-World War II building boom.

After asbestos’ health dangers became more widely known, it was largely regulated off the market in the 1970s (but it’s still sold in the US today), though it may be found in homes built through the early to mid-1980s.

Asbestos-containing products came in many forms. Some of them may be found in older homes, including the following:

  • Vinyl floor tiles and the mastic used to glue them to floors
  • Popcorn or textured ceilings
  • Insulation around pipes, boilers, and ductwork
  • Vermiculite insulation in attics and walls
  • Roofing shingles and siding
  • Drywall joint compound and plaster
  • Cement board and backer board
  • Acoustic ceiling tiles
  • Old furnaces and gaskets

These materials are usually safe when left intact, but they deteriorate with age and may start to fall apart over time. The danger increases dramatically if old asbestos products are torn, cut, drilled, sanded, ripped out, or disturbed. Even small home projects, such as replacing old flooring or sanding a wall before painting it, can release asbestos fibers into the air.

How Can I Protect Myself and My Family from Asbestos?

Your house may or may not contain asbestos. If you’re buying one and plan to renovate it, make thorough asbestos testing a condition of the sale. If asbestos is found, you can decide whether to back out of a proposed purchase, have the owners safely remove the asbestos, or negotiate a price decrease to pay for professional asbestos abatement.

If you inherit a house, you may be excited about getting a “free” home. Before you take possession of a house in this age range, you should also have it thoroughly tested for asbestos. If it is found, you’ll have to decide if paying for the abatement will be worth owning the house. If it has asbestos and other significant problems, putting the house in usable condition may be too costly, so you may be better off declining to accept it.

If you own a house and plan renovations, you should have all the potentially asbestos-containing products in the area tested. If the results are negative, you can proceed. If asbestos is found, you’ll have to decide whether the benefits of the renovation outweigh the cost of abatement.

Why Shouldn’t I Remove Asbestos in My House?

Testing for asbestos can provide you with something priceless if the results are negative: peace of mind. You can proceed without worrying about substantial health threats to you and your family.

If the test is positive for asbestos, you are putting yourself and your family at risk by cutting into, tearing out, or sanding asbestos-containing materials. You may fill your house with asbestos fibers, even if you think you’re taking precautions to prevent that.

No matter how many YouTube videos you watch, you’re not trained to handle this potentially fatal material. Despite all the safety gear you buy at Home Depot, you’re not buying the proper equipment to do the job. You also cannot safely or legally throw asbestos-containing material out in your trash.

Asbestos in your home needs to be properly removed by a licensed professional working for a reputable abatement company. If you cannot afford this, you must reconsider your renovation project. That may mean spending more on it, financing the project with a loan, or not renovating your home.

Depending on your needs and how it’s done, adding to your home rather than renovating a section containing asbestos may be a safer option.

Call Us Today for a Free Initial Consultation

If you or a family member is diagnosed with mesothelioma or another asbestos-related disease, you may be entitled to compensation. Call our Louisville office at 855-385-9532, 502-589-5600 locally, or contact us online for a free consultation to discuss your situation, how the law may apply, and how we can help.

How is Fault Determined in Motor Vehicle Accident Cases?

Determining fault is the meat and potatoes of personal injury claims. Other issues are important, but without deciding who is how much at fault for causing an accident and injuries, there is no personal injury claim.

If you or a loved one is severely injured or killed in a car accident, Satterley & Kelley, PLLC can help you recover the compensation you deserve. Schedule a free consultation to discuss your situation by calling our Louisville office at (855) 385-9532.

Why is Fault Important in Personal Injury Cases?

There are two main issues to prove in a personal injury case: liability and damages (harm to the plaintiff (you, the injured person filing the claim) measured in dollars).

Liability is the legal obligation to pay compensation to the accident victim. If they’re not at fault, there’s no liability, so no compensation. If liability is proven, the plaintiff’s compensation can be reduced to reflect their fault (if any) in causing or worsening their injuries.

Generally, someone is at fault for injuring another person through their negligence or an intentional act. Compensation is impacted by Kentucky’s comparative negligence law, which reduces it due to the injured party’s fault in causing their own harm.

How is Fault for a Motor Vehicle Accident Determined?

Every accident is unique. There’s a wide range of potential evidence that may show why someone is at fault, and to what degree they’re to blame for causing the accident. Depending on the situation, there may be very strong evidence of one kind, while another type of evidence is missing.

Lawyers, insurance adjusters, judges, and juries may have many things to consider, including the following:

  • After a crash, law enforcement often investigates, takes notes on road conditions, issues citations, and writes up an official report. This isn’t, strictly speaking, evidence like the types described below. It’s more of an officer voicing an opinion, compiling and summarizing evidence, but it may sway the decision as to who’s at fault
  • Statements by drivers are essential evidence, though they may be discounted because the stress of the situation can alter a person’s recollection of what happened. A jury member or insurance company may not give full weight to a plaintiff’s version of events because they may believe they’re not telling the complete truth if it impairs their ability to collect compensation 
  • Third-party or independent fact witnesses can provide valuable accounts about what they saw or heard before and during the crash. These statements by passengers or people outside the vehicles may be part of the police report or developed by the plaintiff’s or the insurance company’s investigation
  • Skid marks, vehicle damage, damage to surrounding objects (like guardrails or trees), and the final resting positions of vehicles are physical evidence that can help reconstruct what happened, why, and who’s at fault
  • In more complex cases, crash reconstruction experts can be used to investigate the accident and reconstruct how and why it occurred. They can rely on physics, measurements, physical evidence, witness and victim statements, injuries, and computer simulations to determine who bears what share of liability. Their opinions can be critical in helping settle a case or determining a trial’s outcome
  • Medical records may be evidence to show how injuries occurred, which may shed light on the accident’s cause and who is to blame

What Should I Do and Not Do to Help My Case?

Mistakes can weaken your claim that the other party is at fault.

Don’t admit fault or accept blame for the accident. Saying “I’m sorry” at the accident scene, stating you’re at fault to the investigating police officer, or admitting it on a social media post all weaken your case. Fault and liability are legal conclusions that, strictly speaking, you’re not qualified to give.

If, after a full investigation, it’s clear that you share fault for the crash, we will admit that to the insurance company. Admitting a reality that can’t be contested is part of good-faith settlement negotiations and will help your credibility if your case goes to trial.

If an officer asks what happened, honestly tell them the facts, not your opinion. After the accident, it’s best to limit conversations with the other driver as much as possible. Don’t discuss your accident or injuries with others or on social media, because what you say can be used against you.

If it is safe and you are not too injured to do so, take videos or photos of the accident scene, and get witnesses’ contact info. Your case is built on evidence. Start collecting it if you can, because the more the better.

Speak With an Experienced Kentucky Personal Injury Lawyer

Thanks to many years of experience and our ability to thoroughly investigate our clients’ accidents, we know what it takes to prove who’s at fault for causing an injury and how to successfully show that to insurance companies, judges, and juries.

Satterley & Kelley, PLLC has helped injured clients obtain the compensation they deserve for decades. If you want to discuss how you were injured by another party with a knowledgeable Louisville lawyer, contact our office online or call us at 502-589-5600 or toll-free at 855-385-9532.

Apartment Tenants Are at Higher Risk of Negligent Security

An apartment building should be a place where you feel safe coming home at night, walking to your car, or just relaxing inside your unit. But many apartment communities suffer from chronic security lapses that put tenants at a higher risk of crime. If a landlord or property manager fails to take reasonable steps to protect tenants from foreseeable harm, victims may have a valid legal claim for negligent security.

Satterley & Kelley, PLLC attorneys strongly advocate for those injured by the negligence of property owners who cause criminal acts. We will provide you with the skilled, aggressive legal representation you need. Learn more by calling our Louisville office at (855) 385-9532.

Why Do Tenants Face Higher Risks of Crime?

Unlike many commercial spaces, apartment buildings mix private and shared areas. Residents rely heavily on property owners and managers to maintain safe conditions, especially in common areas such as parking lots, stairwells, hallways, laundry rooms, and mailrooms. There are several reasons why tenants are vulnerable to crime:

  • Residents typically follow predictable routines. They leave for and return from work, walk their dogs, and pick up the mail. Criminals may target tenants or their units because they know when they’re likely to enter or exit the area
  • An apartment complex may have dimly lit public areas, such as parking lots, stairways, or corridors. This makes it easier for criminals to hide, and it’s more difficult for tenants to see the danger they’ll encounter
  • An apartment building may have many visitors, delivery services, contractors, and new tenants coming in and out. This flow may make it difficult for the landlord to limit access to those who belong on the property and keep out those who do not, increasing the risk of unauthorized access and crime
  • If there are multiple buildings, shared gates, or unsecured entrances, tenants are particularly vulnerable. A broken gate or lock on a common door can expose every resident to harm

If property owners and managers know of the risks of crime, they must take reasonable steps to prevent foreseeable criminal acts against tenants. If they fail to do so, and a tenant or guest is hurt, that victim may have a valid negligent security claim and obtain compensation for the harm they suffer.

What are Security Failures in Apartment Buildings?

Negligent security cases show common mistakes. Some of them include the following:

  • Doors to individual units, building entrances, or shared facilities lack functional locks. A broken deadbolt, a door that won’t latch, or a common-area entry that doesn’t require a key or code invites criminal activity
  • Parking lots, sidewalks, breezeways, and stairwells are not adequately lit. Darkness is a major contributor to assaults and other crimes in apartment communities because it helps criminals hide and take tenants by surprise
  • Properly placed security cameras deter criminals and help identify suspects. If there are no cameras or they’re not monitored or working, tenants lack a critical layer of protection against foreseeable crime
  • If a large apartment complex is in or near a high-crime area, a reasonable step to protect tenants may be to hire trained security guards or implement routine patrols. If there are none, or they do their job negligently, tenants are at risk
  • Landlords who become aware of prior crimes or suspicious activity on or near the property must take action to protect tenants. If an owner ignores these warning signs, they may be responsible for the harm they cause
  • If a landlord is aware of a crime committed by a tenant, they should evict them to protect others. Failure to do so puts law-abiding tenants at risk
  • If a property owner or a contractor they use fails to screen their employees for past arrests, convictions, or violent acts, and they hire a person with this history, this employee may have free access to tenants that they can victimize

Each apartment building, local area, and tenant is unique. There may be many other mistakes a property owner or manager can make that unreasonably expose a tenant to criminal behavior.

How Can Satterley & Kelley, PLLC Help Victims of Negligent Security?

Proving negligent security requires a detailed investigation and knowledge of applicable Kentucky law. Apartment owners and their insurance carriers rarely admit fault. We can help by doing the following:

  • Reviewing police reports and 911 call logs
  • Looking at video security footage
  • Interviewing witnesses, tenants, current, and former employees
  • Identifying security failures
  • Working with security experts to review the property’s deficiencies
  • Determining the responsible parties, including owners, property managers, and security contractors

Tenants who are victims of assaults and other crimes may feel overwhelmed, violated, and unsafe in their own homes. A negligent security claim can provide you with an opportunity to hold negligent landlords accountable and seek the compensation you deserve.

If You are a Crime Victim at an Apartment Complex, Don’t Face This Alone

Satterley & Kelley, PLLC lawyers have the experience required to successfully challenge insurance companies and win when crimes at an apartment building leave a tenant injured.

We are known throughout Kentucky for recovering millions of dollars in settlements and jury verdicts for negligence victims and their families. Our attorneys will fight for you to obtain the compensation you deserve due to a property owner’s negligence.

If you want to schedule a free initial consultation at our Louisville office, call 502-589-5600 (toll-free at 855-385-9532) or complete our contact form.

If AI Gives Bad Advice and You’re Harmed, Can You Sue?

Artificial intelligence (AI) is billed as a technology that may dramatically alter the economy, the way millions of people work, and the practice of medicine. However, it is still in its early stages, makes mistakes, and has the potential to inflict significant harm. If you or a family member is injured or killed after relying on AI, you may be able to use a legal claim to obtain compensation.

Lawsuits involving AI will be complex because its use is so new. But don’t let that stop you from talking to a Satterley & Kelley PLLC attorney if you believe your injury, or a loved one’s death was caused by the negligence of an AI provider. We can be reached at 855-385-9532.

What is AI?

AI is a branch of computer science focused on creating systems that can perform tasks that have required human intelligence. They are based on algorithms (step-by-step rules) empowering computers to analyze information and learn from it. That information may come from the internet or a specific dataset for a particular use.

There are many online AI platforms that people can access for information and advice. An AI user posts a question or request (known as a prompt), and the system responds based on how it’s programmed and the data it accesses.

How Can AI Affect Human Behavior?

When an AI platform provides information or recommendations, users may rely on it to make choices. A person may rely on AI too much if they overestimate its abilities, and the decision may not be a wise one. That reliance may be influenced by the platform’s claims of how well it works or how effective it is at reviewing relevant data when responding to a prompt.

The language AI uses in its responses can encourage or discourage certain decisions. If it emphasizes risks, the person may be discouraged from doing something. If it highlights the benefits of a course of action, the person may be more likely to make a particular choice.

An AI response may validate a person’s viewpoint or create doubts, justifiably or not. A response written in a way that appears to show AI is supportive or empathetic can influence a decision.

The availability and ease of use of AI encourage people to use and rely on it. This may result in less reliance on more trustworthy sources of information and advice.

How and Why Does AI Make Mistakes?

Due to the perception that AI is authoritative and knowledgeable, people can take responses at face value without verifying them. AI platforms make mistakes. They are known to “hallucinate” by stating things as facts without a trustworthy and accurate basis.

There are many causes of inaccurate responses and unwise advice, including the following:

  • AI is not human intelligence, so it does not understand things like we do. It attempts to identify patterns in data and generates responses based on probabilities. As a result, what appears to be right may be wrong
  • AI may not recognize the context of something that we would understand
  • AI systems are “trained” with data. That data may be inaccurate, biased, contain gaps, or be outdated. Flawed data produces flawed results
  • A prompt that is vague, incomplete, or misleading may cause the AI system to fill in gaps, resulting in inappropriate responses
  • Although AI is highly sophisticated, it remains limited. It has difficulty with multi-step reasoning, applying rules consistently, and understanding situations that may be misinterpreted
  • AI is designed to respond with plausible answers and may not admit it can’t answer a question. Unrelated facts or invented details may be used to complete a pattern it’s trained to find
  • AI systems are optimized to be helpful and relevant while creating responses that sound fluent and natural. They are not focused on accuracy and precision

AI is a tool. Unlike traditional tools, it can be difficult to see that it’s not performing correctly. If your saw is not cutting through wood or your lawn mower cannot move forward, you see the problem. Without putting in the time and effort to double-check AI’s response, you may not realize it’s incorrect or unwise.

How Might an AI Response Harm Someone?

As AI is used in more situations, we will learn how someone relying on its responses could suffer as a result.

The parents of a 23-year-old who died by suicide are suing OpenAI (which owns ChatGPT) because it allegedly encouraged him to do so and not to seek help, according to CNN. It states that based on a review of nearly 70 pages of conversations between Zane Shamblin and ChatGPT, the day of his death, and excerpts from thousands more pages of exchanges in the months before that night, showed the chatbot repeatedly encouraged him as he discussed ending his life up to his last moments.

His parents claim the AI system worsened their son’s isolation and repeatedly encouraged him to ignore his family as his depression worsened, then “goaded” him into killing himself.

Healthcare organizations and professionals increasingly use AI in the following roles:

  • Analyzing X-ray, MRI, CT scan, and ultrasound results
  • Analyzing patient data to predict disease risks, likelihood of hospital readmission, infection outbreaks, and choosing medications a patient is most likely to respond to
  • Tailoring medical treatment to a patient by examining their genetics, medical history, lab test results, and lifestyle factors
  • Assisting in robotic surgery
  • Assisting patients with mental health challenges by screening for depression and anxiety, analyzing speech or behavior, and providing basic emotional support, or coping strategies

If a healthcare professional uses an AI tool that provides incorrect information or the wrong advice, you may be injured. It raises the possibility of legal action because of the following:

This is a developing area of law, but it’s based on long-established principles of negligence and product liability.

Speak To a Personal Injury Attorney Today

If an AI system, or a party using it, caused injuries to you or a loved one, Satterley & Kelley PLLC attorneys are here to help you take legal action so you can be fairly compensated for your losses. We will be with you every step of the way, protecting your best interests and ensuring you get the compensation you deserve.

To take advantage of a free initial consultation where you can discuss the details of your case, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532). You may also complete our contact form if it’s more convenient.

Seven Debunked Myths About Personal Injury Lawsuits

If you’re injured in an accident, whether that’s due to a car crash, a defective product, or a slip and fall, you may feel overwhelmed. You’re dealing with medical bills, pain, and missed work. You may get unsolicited legal advice from friends and family, and an insurance company may have contacted you. What you’re being told may be based on misunderstandings and myths about how personal injury cases work.

Satterley & Kelley, PLLC attorneys take on insurance companies and win. We represent severely injured victims involved in accidents throughout Kentucky. Call us toll-free at 855-385-9532 so we can answer your questions, clear up any misconceptions, and set the record straight on Kentucky law and your legal rights.

Here are some myths you believe or that someone told you.

1. Filing a personal injury claim means you’re suing someone.

You might think filing a personal injury claim means taking someone to court and engaging in a long, hostile legal battle. Actually, most personal injury cases are resolved through insurance claims, negotiations, or settlements. Full trials in personal injury cases are fairly rare.

Though cases are filed against the responsible party, if they have insurance coverage, their carrier pays for the legal defense and a damages verdict up to the policy limit.

A lawsuit is filed if the insurance company refuses to offer a fair and reasonable settlement. Most lawsuits are settled before trial. Seeking compensation doesn’t mean you’re out for revenge against the party causing your accident. You just want your medical bills and losses covered.

2. You don’t need a lawyer. The insurance company will treat you fairly.

You don’t need an attorney to negotiate with the insurance company covering the party who injured you. You could also represent yourself in court.

But if you go it alone without an attorney, you could set yourself up for failure. If you don’t know all the facts about your accident, how applicable laws are interpreted, how to negotiate, or what insurance carriers usually pay for your injuries, you put yourself at a serious disadvantage. If you go this route, you may settle your case for far less than it’s worth.

If you “shoot for the moon” and demand a figure that’s far than reasonable, the insurance company won’t settle. They’ll wait for you to lower your demand or prepare for a trial.

Over the years, we’ve represented injured attorneys who practice in other areas of law. They understand that these cases are unique and require very specialized knowledge and experience to do a thorough job. If an injured attorney wouldn’t want to represent themselves in a personal injury case, why would you?

3. Personal injury lawsuits are frivolous.

Some cases are, but we don’t take them. Our time, energy, and reputation aren’t worth whatever we may recover in a frivolous case. Most personal injury claims are legitimate, involve serious injuries, and have evidence that the defendant is liable.

Filing a personal injury claim doesn’t mean you’re trying to get “easy money.” It means you’ve suffered a loss, another party is responsible, and you’re seeking compensation that Kentucky law says you’re owed.

4. If your injuries aren’t visible, you don’t have a case.

Most cases involve a mix of visible injuries and harm you can’t see. Many serious injuries are invisible, like traumatic brain injuries, whiplash, nerve damage, herniated discs, or psychological trauma.

Insurance companies try to downplay these injuries, but if they were caused by negligence, a compensation claim is no less valid. Medical records, expert evaluations, and imaging can all help prove invisible injuries exist and the harm they cause.

5. Hiring a personal injury lawyer is too expensive.

We work on a contingency fee basis. As part of our retainer agreement, we and our clients agree that we’ll be paid a percentage of their recovery. You will pay nothing up front or out of pocket. We will recover payment only if you recover a settlement or jury verdict.

6. You can file a personal injury claim at any time.

Kentucky, and every other state, has a statute of limitations. It’s a deadline to file a lawsuit seeking a recovery because someone harmed you. Most states’ statutes of limitations are two years from the date of the harm. In Kentucky, it’s one year. That may sound like a long time, but when you’re seriously injured, have a job, and a family to support, it can fly by before you know it.

That’s why you’ll find many requests on our website to accident victims to contact us as soon as possible. We want to set you up for success. That’s more difficult if we need to rush to get all the necessary ducks in a row before filing a lawsuit.

If you’re seriously injured, do yourself a favor. Contact us as soon as possible after you’re hurt. It’s an essential item on your post-accident “to do” list that you can put behind you. If you retain us, it also gives us more time to develop your case, so you’ll have the best chance of receiving a full recovery.

7. You’re guaranteed compensation if you’re injured.

We wish it were that simple. There are many issues standing between an injured accident victim and a financial recovery. Some are necessary because of Kentucky negligence and insurance law. If you don’t deal with them or do it poorly, you may not recover anything.

The territory between an injury and recovery is filled with obstacles. Some are clearly visible; others are like landmines – you only find one when you step on it. It’s our job to guide you from one end of this perilous journey to the other.

Speak To a Satterley & Kelley, PLLC Personal Injury Attorney Today

If another’s negligence caused your injuries, Satterley & Kelley, PLLC attorneys will protect your interests and right to compensation. Don’t try to handle severe injuries and an insurance company by yourself.

Schedule a free initial consultation to discuss your case. To reach our Louisville office, call 502-589-5600 or toll-free at 855-385-9532. You can also complete our contact form if it’s more convenient.

Asbestos & Mesothelioma for Sheet Metal Workers

In this episode, we outline where sheet metal workers encountered asbestos across industrial job sites, the diseases linked to exposure, and what workers and families should consider medically and legally after a diagnosis.

John Maher: Hi, I am John Maher and I’m here today with Paul Kelley. Paul is a partner with the Kentucky personal injury law firm, Satterley & Kelley, which has over 45 years of collective experience in litigating mesothelioma and asbestos claims. Today we’re talking about asbestos exposure and mesothelioma with sheet metal workers. Welcome, Paul.

Paul Kelley: Hey, John. How’s it going today?

John: Good, thanks. How are you?

Paul: Doing great, thank you.

Workplaces Sheet Metal Workers Served and Asbestos Risk Factors

John: Paul, tell me what kinds of companies or job sites did sheet metal workers typically work at, and why were those environments such high risk for asbestos exposure?

Paul: So sheet metal workers — and again, this is a trade that a lot of people might not exactly know what they do, but you see them all the time — sheet metal workers are…they’re basically the HVAC industry and they fabricate ductwork that is installed into a variety of locations and they have to have a significant amount of expertise in what they do. This ductwork can be utilized for the simple function of heating and air conditioning. It can be used for exhaust duct, to try to filter out harmful contaminants. It can be used as an exhaust duct for filtering out chemicals. Quite frankly, sheet metal workers worked everywhere. So if you talk about the offices or the facilities that you and I are in right now, office buildings, hospitals, schools, a lot of school work, factories, they certainly worked in homes and then they worked in all kinds of industrial and manufacturing plants.

I mean, every place that you can think of needed ductwork. And that required the expertise and knowledge of sheet metal workers to be able to do. Shipyards, where these massive naval ships or even recreational vehicles or ships and all those things, automotive plants, aerospace factories, power plants, steel mills, foundries, chemical plants and refineries, railroads. So, sheet metal workers were everywhere, and they did their work in every kind of facility that you could think of, whether it was new construction or whether it was significant renovation, maintenance stuff, that’s where sheet metal workers did their work. And I mean, think about how much ductwork is in your average home. Well now multiply that by 100 when you think about the size of these power plants or these manufacturing plants.

And sheet metal workers had to know a lot. They had to understand how to read blueprints, engineering specifications, and they had to understand how to measure and where to put things and those sort of things. Unfortunately, many of the places that they worked in were older facilities that were built many, many years ago, that had lots of asbestos-containing products within those facilities. I mean, power plants were well known for it, manufacturing plants, steel mills. And so a sheet metal worker, particularly those that did a lot of industrial and commercial type work, they were frequently in environments where asbestos was present. And that probably was true even into the 2000s.

I’ve represented sheet metal workers who described going into the facilities less than 10 years ago, where they encountered asbestos-containing materials. And so, unfortunately, if they worked in places that were built before 1980, then there is a significant likelihood that they were exposed to asbestos. And of course, sheet metal workers, they don’t stay in the same place all day every day for 40, 50 years. They work everywhere. And so, the chance that they would encounter asbestos frequently in any given year was extremely substantial.

Daily Tasks that Created Asbestos Exposure

John: So what were some of the daily work that sheet metal workers did that exposed them to asbestos? Obviously you don’t have asbestos in the metal itself that they’re directly working with, but were these ducts wrapped with asbestos or was it just that they were in close proximity to asbestos containing things, like pipes and things like that?

Paul: No, that’s a great question and it’s a little bit of both. So ductwork frequently was wrapped with an asbestos insulation, and the typical experience that I would hear about is the sheet metal workers install certain sections of ductwork, and then right behind them are insulators that are insulating what they’ve already put up and they’re continuing to put on down the line or they have to tear out insulation that is existing in order to install the new [insulation], and then that ductwork was all insulated with asbestos. And so they had to remove the ductwork, remove the insulation.

It’s interesting, sometimes the inside of the ductwork was insulated, sometimes the outside of the ductwork was insulated, and so it would be a little bit different process of how they would be exposed if it was the inside or outside, because if it was the inside, they could remove the ductwork frequently without getting too deeply into the insulation. But if it was on the outside, you’ve got to tear it off and there’s just no way to avoid it. The other interesting thing about ductwork is, I think I mentioned a moment ago that a lot of the ductwork is what we call “exhaust duct”.

And so you’ll have, for example, a dust collection system that would be in a manufacturing plant, even a powerhouse, and that ductwork is going to collect the contaminants that are in the facility and anything that gets in the air, that ductwork is ultimately going to suck it all in. And not all of it’s going to go into where it’s supposed to go. Some of it’s going to stay in that ductwork and it’s going to accumulate in that ductwork. And so we hear that a lot, that when we go into a manufacturing plant and they have a dust collection system that’s connected to this ductwork, we’re tearing out or working on the ductwork and inside of it is just a mess. And it’s not unrealistic or a stretch to say that some of the dust and materials that have accumulated inside the ductwork contain asbestos. But certainly what you just mentioned a moment ago, they frequently worked around other crafts.

All that ductwork, like in my office right now, which we don’t have asbestos, but all of our ductwork is in the area above our ceiling. We have a drop ceiling, like many people do, and so the ductwork and the pipes and the electrical components are all there. And frequently, the sheet metal workers are working right alongside the pipe fitters, the insulators, the electricians, and any insulated pipe that’s in the area that’s getting disturbed, either from the sheet metal worker having incidental contact with it or somebody else working on those things.

So that was a significant [method] of exposure. Sheet metal workers have to tear into walls frequently. They’re installing new duct. And frequently, back in the ’50s through ’70s, drywall and the joint compounds that were used to finish out drywall frequently contained asbestos. And so they would have to cut into that drywall, use saws and knives and those sort of things, create a lot of dust and have some exposure that way. We also see a lot of cases wherein some of these manufacturing plants which are not office buildings, the walls are completely, entirely made of asbestos called transite, and transite was an asbestos cement, a corrugated material. I guarantee you’ve seen it before. And it was pretty hard cement. And for many years, and there were various [types] for many years, that material could contain 15% to 25%, 35% asbestos.

So if they’re putting vents in, or connecting ductwork through walls, they have to saw and drill into the transite, and that’s a heck of a lot harder to do than doing it in the drywall because this is a cement material. And so they had to use an industrial saw in order to do it. And the studies have demonstrated how much exposure someone would get from doing that activity. We also see a lot of people, or have represented a lot of people…you’ve seen it before. You go to a hotel sometime, and if you’re sitting on a high floor and you look down and there’s air conditioners that are sitting on top of the building. Well, sheet metal workers are the ones who helped install those. And they have to cut holes into the roofs of these buildings in order to install their pieces of equipment. And it’s usually, in the trade, they call it an air handler, but you and I know it as an air conditioner.

And you’ve seen these things before. I mean, some of them are very significant size and you’ll look and see that there’s like 10 of them all in a row. Well, sheet metal workers are frequently the craft that creates those holes in order to place those air handlers in. And we’ve represented a number of people who have had…the roofs were made of the transite, like we talked about, or a lot of roofs were what we call “built up”. So you have the concrete roof, but then over the concrete roof is felt, tar paper, insulation, shingles. And for many years those types of things contained asbestos. And so our clients, the sheet metal workers, had to cut 12×12 holes into that material, shovel it up, get it out, and frequently, it contained asbestos. Roof flashing frequently contained asbestos.

And then sheet metal workers, they did some things like working in powerhouses. And they didn’t typically work on the turbines and boilers themselves, but they worked on things associated with the turbines and boilers. Turbines and boilers were heavily insulated with asbestos, both inside and outside, and they would work around other trades. I just had a deposition of a sheet metal worker recently who described the environment he worked in as a jungle of pipes, insulated pipe. That his work was basically in between all this insulated pipe and his ductwork is substantial in size and, despite best efforts, he wasn’t intentionally trying to wreck or disturb or damage the insulation that was on the piping, but it’s unavoidable and they would be exposed in that way.

And they also do things like cut out big pieces of equipment. I’ve had sheet metal workers describe going into foundries, where they have these huge industrial fans. And I mean, we’re talking huge. We’re talking thousands of pounds, and old fans, and they have to cut them out with blowtorches and they have to ultimately remove them with a crane. And in fact, they have to knock holes in the walls in order to get the crane in to move them out. And lots of times those fans, I mean, it’s just terrible collection of dust and debris that gets into the fans that they’re exposed to.

And that’s just a common experience that the sheet metal workers have had over the years. And again, they work in these environments, and they contain all these various types of things. And they go in and you’ve got your big blades and you’ve got your torches and shovels and just a lot of different things. And when they get done, at the end of the day, they don’t look like you and I do when we get done with our work day. They are covered in dust and certainly a big, big portion of that dust, on any given day, [had] significant levels of asbestos.

Long‑Term Health Effects from Asbestos Exposure

John: Yeah, it’s interesting because, like I said, you think about sheet metal workers and you just think that they’re working with just ductwork and metal, but like you said, there’s just lots of insulation, lots of cutting through walls and roofs and things like that that have asbestos in them. So that’s interesting. How has that asbestos exposure affected sheet metal workers over the years and what are the long-term health risks that they face?

Paul: So sheet metal workers, particularly folks that started in the business in the ’60s and ’70s, I mean they were heavily exposed for many years and it put them at significant risk for the types of asbestos diseases that are most common. And that’s mesothelioma, which is cancer of the lining of the lung and can be the lining of the stomach, and in some instances can be the lining of the heart. And it is a very rare cancer, but it’s a terrible and usually deadly cancer. Lung cancer is a very common occurrence, with respect to people who worked in the sheet metal trade. Of course, a lot of people did smoke, but a lot of them did not. But even for the ones who smoke, there’s what we call the synergistic effect between cigarettes and asbestos exposure that really increases their risk of developing lung cancer associated with asbestos exposure.

There is a scarring of the lungs called asbestosis that is the scarring of the “meat” of the lungs. And if it gets significant enough, it actually restricts the ability of the lung to expand and contract and people can suffocate as a result of that disease. So it’s terrible. And the information that sheet metal workers got in the beginning, and when I say the beginning, for many of my clients, they started in the trade in the ’60s and for many years they had no information. So they didn’t know what they were involved in. And then in the ’90s, 2000s, you started seeing some of their colleagues develop these cancers and diseases that we’ve talked about.

And I’ve had so many of my clients say, “Well, gosh, I didn’t know about it, so I didn’t worry about it. Well, now I know about it and I’m worried that I’m going to develop cancer sometime,” and then unfortunately, many of them have. And sheet metal workers, it’s been reported in the medical and scientific literature that not only are they at a significant risk of asbestos disease, but a significant portion of sheet metal workers have in fact developed all of the types of asbestos diseases that physicians and scientists have identified. And it’s been a terrible trade for people to be involved in, just from the long-lasting health impacts of being exposed for all of those years.

Long‑Term Health Effects from Asbestos Exposure

John: So looking back, what did companies in general know about the asbestos risks for sheet metal workers and did they let the workers know about those risks?

Paul: So it depends a little bit, but for the most part, I think industry, the types of places that our sheet metal workers worked at were well aware of the hazards of asbestos, going back to probably before the 1950s. And they frequently participated in the Industrial Hygiene Foundation, which was an organization that a lot of companies put together back in the ’30s and ’40s to study workplace risks, including asbestos. And so many of them were armed with this knowledge a long, long time ago. By the 1930s and ’40s, many states had Occupational Disease Acts that regulated asbestos. Kentucky enacted our first Occupational Disease Act in 1956, so we’re talking 70 years ago now.

OSHA came into effect in 1971, and certainly by that point, there’s not much of an excuse for a power plant or a manufacturing facility to not be aware of the health risks associated with asbestos. But the problem was that it wasn’t well communicated to contractor employees, and they were really the last to know. So my typical sheet metal client is one who didn’t work for the power plant, didn’t work for the manufacturing plant, didn’t work for the steel mill, they worked for contractors that specialized in that business, the sheet metal business. And I mean the property owners didn’t know specifically who our clients were, and they had a attitude that those people weren’t our responsibility. They were somebody else’s responsibility.

And the information that they had about what was present in their plant typically was not communicated to our clients and probably was not communicated to our client’s employers. And what I hear a lot is, “Paul,” — and this is from my adversaries — “You know that your client’s employer was aware of the hazards and risks associated with asbestos. They had to be because of the emerging regulations on it.” And my response to that is, “Well, maybe, but I think we’re missing one big component here. What information did they have that there was asbestos at your facility when they worked there?” Because sheet metal workers don’t have the expertise to identify asbestos. And they have expertise in a lot of things and are very good at their work and very good at their jobs, but they don’t have the asbestos expertise in most instances. And they relied upon a property owner, a premises owner, to say, “Don’t go over there because we have asbestos over there,” or, “We need you to work over there, but you have to wear respirators or masks.” That kind of thing didn’t happen.

And even when we see internal policies in the ’90s, when there was a little bit of effort to notify some contractors of the presence of asbestos, it was not folks like sheet metal workers. It was the abatement contractors, the people that were hired to come in and remove the asbestos. But I’ve not seen any great effort by any of our usual defendants at any point in time to notify contractors, employees of contractors, people coming on their property as to the presence, location and hazards associated with asbestos there. And quite frankly, that’s why I have to do what I have to do, because I think that most of my clients, if they were armed with that knowledge, they would have done something to protect themselves. And if they couldn’t do that, then they would’ve chosen another profession.

Medical and Legal Steps After a Diagnosis

John: Right. So if someone worked as a sheet metal worker and now they’ve been diagnosed with mesothelioma, what steps should they take both medically and legally?

Paul: So medically, it’s really important to work with your healthcare team and your family to come up with a course of treatment that you’re comfortable with. Everybody’s going to be different, depending on when they were diagnosed, personal beliefs, location, geography, where you’re at. But there’s a lot of options that are available today that weren’t available 20 years ago, and it’s just up to individuals and their families as to what all they want to do in order to try to fight this cancer. And that may require travel, it may require surgeries, may require chemotherapy, immunotherapy, but it’s certainly something that you should do your research on and make sure that you feel comfortable with whatever plan you and your team develops.

Unfortunately, in most situations, we don’t have a lot of time to pursue a claim. In Kentucky, we only have a year to file a case. I usually try to tell everybody, “You have to get that case filed within a year of your diagnosis,” and there can be some exceptions to that rule, but you’re going to be in fine shape if you get it filed within that year, but you don’t really don’t want to wait close to that year because, unfortunately, the impact of these diseases, particularly mesothelioma, is devastating. And the statistics show that most people die from mesothelioma within six months to 18 months of diagnosis. And that doesn’t give us a lot of time, doesn’t give you a lot of time to get everything in line.

If you hire me, my singular focus is to get your deposition in, so that you can tell everybody how you were exposed and you can tell everyone how this disease has impacted you and your family. And the longer you wait, the more risk there is that you won’t have that opportunity. It doesn’t mean that there’s no case, but it makes that case harder and it makes it difficult on the victim because, lots of times, they want to be able to say their peace and tell their story the way they want it to be told and to tell judge, jury, defendants, me, everybody, how this disease has impacted them.

And it’s unfortunate that we have to move quickly like that, but we do and I just highly recommend that you do your research early and you hire the attorneys that you feel comfortable with. You hire the attorneys that you feel are experienced in this area of the law and that hopefully have knowledge of the places that you worked and the things that you did and can really hit the ground running to help you and your family as quickly as possible and try to get the recovery that you really deserve.

John: All right. Well that’s really great information, Paul. Thanks again for speaking with me today.

Paul: Thanks, John.

John: And for more information about mesothelioma and asbestos exposure, visit the law firm of Satterley & Kelley at satterleylaw.com or call (855) 385-9532.

Asbestos & Mesothelioma for Millwrights

In this episode, we outline where millwrights encountered asbestos across industrial job sites, the diseases linked to exposure, and what workers and families should consider medically and legally after a diagnosis.

John Maher: Hi, I am John Maher and I’m here today with Paul Kelley. Paul is a partner with the Kentucky personal injury law firm, Satterley & Kelley, which has over 45 years of collective experience in litigating mesothelioma and asbestos claims. Today we’re talking about asbestos exposure and mesothelioma with millwrights. Welcome, Paul.

Paul Kelley: Hey, John. How are you doing this morning?

John: Good, thanks. How are you?

Paul: Excellent, thank you.

Workplaces Millwrights Served and Asbestos Risk Factors

John: Paul, what kinds of companies or job sites did millwrights typically work at, and why were those environments such high risk for asbestos exposure?

Paul: Sure. So, millwrights, which may be a trade that a lot of people aren’t particularly familiar with. They worked on a lot of heavy machinery. They were very, or are very highly skilled laborers. They work on a wide variety of equipment, and quite frankly, a very wide variety of locations and markets. They work on turbines, they work on machinery and manufacturing plants. They do a little bit of boiler work. So the kinds of places that they work in are all kinds of different factories and mills. They work in grain mills, they work in saw mills, textile mills. I’ve had a lot of folks who worked in paper mills before. All those paper machines require the expertise of a millwright. They work in steel mills and foundries. All those heavy pieces of equipment that are required to run those types of factories require the expertise of millwright to come in and set the machinery, overhaul the machinery.

They frequently work in mining operations — here in Kentucky it’s coal mining. In other places there’s various types of mining, whether it’s rock quarries, and even in some instances, talc mines. They work a lot. And my experience has been with a lot of millwrights that worked in powerhouses. One of the duties and responsibilities they had, historically, is to build the turbines or install the turbines, and then come and overhaul the turbines. These are pieces of equipment that require some significant overhauls and reworking over the years. They work in the construction trade, cranes and elevators, they work on pumps, and they work in shipyards and railroads. So millwrights have kind of been everywhere.

But the problem with their situation is that most of the places that I’ve talked about, if they were built in the ’40s, ’50s, and really, before 1975, they are old facilities. They contain lots of asbestos in lots of different ways, which we’ll talk about in a moment. But in the United States, a manufacturing plant had asbestos all over the plant. A power plant had asbestos all over the plant. And all the data and studies have shown that millwrights have historically been at a higher risk of mesothelioma and other asbestos-related diseases than a lot of professions. And we’ll talk about a lot of those professions at other points in time. But when you talk about somebody like me, an attorney, I mean, millwrights have a risk that I couldn’t even understand or appreciate in the line of work that I’m in. And statistically it’s significant, and all of these types of environments that they worked in really put them at substantial risk for exposure to asbestos.

Daily Millwright Tasks that Resulted in Asbestos Exposure

John: Okay. So in that daily work that you described that millwrights do, what are some of the specific tasks or materials that they work with that often led to asbestos exposure?

Paul: Sure. A lot of the things that millwrights are exposed to is directly related to the work that they’re doing. So, for example, millwrights that were associated with turbine overhauls, and an overhaul basically is a fancy word for, you know, repairing that turbine, stripping it down and building it back up, and trying to turn it into basically a new product or restore it to its original state. Turbines, historically, prior to the 1980s, they were covered in asbestos. Usually there was an asbestos blanket or an asbestos block. And so as a part of their responsibility in overhauling the turbines, they had to remove all of that asbestos in order to get to the components of the machine. And so they would be exposed in that way. The pipe insulation or the piping that’s connected to a turbine is what ultimately generates electricity, and it occurs from basically the boiler heating up steam, and sends the steam to the turbine, and the turbine creates the electricity.

And so there’s all kinds of piping that are connected to these turbines that connect the turbine to the boiler and connect the turbine to other pieces of equipment. And then there’s just piping that’s just generally in the power plant. Most power plants have multiple turbines, multiple boilers, we call them a “unit”. And so we’ve had power plants that have had six units. We’ve had some that only have one or two. But all the insulation on any steam pipes is loaded with asbestos, historically.

Piping also would be connected with gaskets and gaskets frequently contain asbestos. There were other types of things that they would do frequently in foundries. They would work on these very large ovens that were used to heat steel and metal, and those things are lined with firebrick and refractory material also lined with asbestos. And so they would have to remove or disturb those things as a part of their work. Frequently, though, a lot of the exposure they had was not a direct result of the work they’re doing, it’s the result of work that other crafts are doing around them.

Typically speaking, a millwright didn’t go into a plant and, you know, they’re the only ones working. It was insulators, and boilermakers, and electricians and pipe fitters, and a wide variety of other crafts that are in there doing various tasks. If it was new construction, they’re building the facility. If they’re doing overhauls, everybody has their role associated with the overhaul. So insulators, for example, in the 1950s, ’60s, ’70s, if they were putting brand new insulation on, it contained asbestos. Later on, there’s a chance that the new stuff didn’t, but the old stuff did. So they’re removing insulation that contained asbestos. And that’s very common with all the various types of equipment that a millwright worked with.

In a chemical plant, for example, lots of times you have very hot chemicals going through these pipes. So it’s not steam like a power plant, but it still requires insulation to go around that pipe in order to protect what’s in the pipe as well as to protect people who may be exposed to a very hot pipe. Those things contain asbestos.

So frequently the millwright would be exposed to, as a bystander of people working on those pipes, or they would disturb the piping themselves, again, all the gaskets and things like that. When they went into these various types of facilities, they were almost guaranteed, for many, many years, to be exposed to thermal insulation. They were also likely to be exposed to firebrick and refractory. They were also likely to be exposed to things like gaskets, and rope packing, and seals that have historically contained asbestos over the years, and then some of the other insulating products like asbestos cloths and blankets that are wrapped around turbines. Sometimes the protective clothing they wore contained asbestos. And that probably happened for a long, long time. I mean, theoretically, a millwright could still be exposed today. You would hope not. But I would say that that was a very common occurrence into the 1990s, when they went into some of these old, old plants and were exposed to all of these things, if not every day, certainly frequently enough to put them at significant risk to contract disease.

Long‑Term Health Effects from Asbestos Exposure

John: Right. So whether they were exposed to this asbestos because of the actions that they were taking, or like you said, the actions that others around them were taking with all of these materials in close proximity, how has that asbestos exposure affected millwrights over the years? And what are some of the long-term health risks that they face like mesothelioma?

Paul: Well, certainly the way it’s affected them is they’ve gone into these facilities for years. And the typical experience that I’ve had representing millwrights is obviously, when they were super young in the ’50s and ’60s and ’70s, they had no clue what they were exposed to. They had no clue that there was asbestos in those materials. They had no idea what asbestos was and that it could cause long-term effects. And so, you know, for many years, they were kind of blissfully ignorant.

I mean, it was a good, good profession. It required somebody with a great deal of intelligence, and skill, and know-how. And then later on, as we got into the ’90s and 2000s for folks that were still around, they started to learn more and really talk about it deeply affecting people. They came to discover that, “My goodness, the things that I did 30 years ago exposed me to something that could cause me or my family a significant health problem in the future.”

And those health problems, I mean, the most common disease that we see is mesothelioma, which is a cancer of the lining of the lung. And there are other parts of the body that mesothelioma can effect. But lung cancer, asbestos exposure is a significant risk factor for lung cancer. There’s what we call a benign disease, asbestosis, that can be caused by asbestos exposure, but don’t be fooled by the word “benign”, because it is a scarring of the lungs. And if it’s significant enough, someone would, you know, potentially die from that kind of disease.

And we’ve represented a number of people over the years that unfortunately have passed from that disease. So I would say that millwrights who worked in those type of environments, beginning ’50s into the ’90s, they face significant risk of contracting asbestos diseases, and many of them have in fact contracted those diseases. And unfortunately, there’s is no [easy] cure for lung cancer. There can be, but it all depends on when it’s been caught. And asbestosis can be a very significant and debilitating disease, and many people do pass away from it. So it’s something that has deeply impacted one of the great professions that our country has had working for us to, you know, set up the infrastructure and the way of life that most of us enjoy.

Medical and Legal Steps After a Diagnosis

John: Right. So if someone has been a millwright during this period, and now they’ve later been diagnosed with mesothelioma, what are the steps that they should take both medically and legally?

Paul: Mesothelioma in particular, it is a devastating disease. And the statistics are not very good right now. And most people will probably pass away within a year or year and a half of their diagnosis. But the good news is that the treatment has gotten better, and there is no cure for it yet, but there are lots of things that can be done to prolong somebody’s life, to increase and improve the quality of their life as they’re battling this disease. And it’s very important for people to get as many opinions as they can and to make sure that they feel comfortable, and their families feel comfortable with their medical plan, their surgeries, chemotherapy, radiation, clinical trials. And there are things that require travel to various parts of the United States because that treatment may not be available where you live. So people have to make those decisions. And ultimately they have to make the decision that they feel most comfortable with.

Unfortunately, in Kentucky, and every state has a statute of limitations, in Kentucky, our statute of limitations is one year. And that’s one year from the date that you know, or should know, you have a disease and what’s caused your disease. But to be perfectly frank, for a lot of different reasons, you don’t want to get anywhere close to that year. A year from diagnosis is kind of the rule of thumb. But if we’re waiting nine months, 10 months from the diagnosis to be able to talk to a potential client, then we’ve lost a lot of time in our ability to be able to help you recover for what’s occurred to you. And so it’s very important, despite all the medical issues that you’re dealing with, and all the decisions that you have to make, you should be pursuing your legal rights and researching and hiring attorneys that you feel comfortable with, that you feel will fight for you and your family and get the recovery that you deserve.

And this is a very specialized and unique area of the law that I’m in. There’s not a lot of law firms in the United States that do this, and I’ve always said that asbestos litigation, like a lot of things, it’s not something that you should dabble in. If you don’t know what you’re doing, to put somebody’s fate [in your hands] while you’re trying to learn and figure something out, that’s not generally the best thing for a client. And so it’s important for you to hire somebody that has familiarity with asbestos cases, lots of experience, has familiarity, if possible, with the job sites that you’ve worked at and the things that you’ve done, and to be able to hit the ground running, and know that you have a certain amount of defendants or [know the] identity of defendants that you can pursue right away.

And I know, for example, we’re prepared to do that in most situations. And every case is unique, and not everything fits into the same box, but it’s just, it’s critical to act as quickly as you possibly can to, I mean, interview multiple lawyers, figure out what their experience is, figure out where they are, determine how they proceed to pursue your case, and then make the best decision for you and your family, and, you know, do it as quickly as you possibly can.

Long‑Term Health Effects from Asbestos Exposure

John: Right. Looking back, what did companies in general know about asbestos risks for millwrights? And what should workers and families today know about protecting their rights given that information?

Paul: Sure. And so the answer to that question depends on a lot of different things. I mean, the particular industry that’s at issue might play a factor. The timeframe might play a factor. But generally speaking, and we know this from more than 25 years of litigating against companies like what we have talked about today, power plants, chemical plants, manufacturing plants, is these typically were not small, mom and pop, family-owned businesses. These were typically companies that quite frankly were amongst the founders of America. The Industrial Revolution occurred in the late 1800s, early 1900s. And these are the kinds of companies that we’re dealing with. And those companies, they developed knowledge concerning the hazards associated with asbestos a long time ago.

And here we are sitting at 2025, and I would say that a significant portion of the kinds of companies that we would be pursuing on your behalf have been aware of the hazards associated with asbestos, maybe not quite a hundred years, but 80, 90. And then as you progress into the ’60s, and into the ’70s and ’80s, well now you’ve got governmental agencies, you have regulations that have to be followed. You know, in Kentucky, I mean, we had probably one of the United States’ first Occupational Disease Acts that regulated asbestos exposure in 1956. And in some states, I mean, you’re in Massachusetts, and I know that in Massachusetts in the early 1950s, the Massachusetts Department of Labor was actively pursuing workplace safety to protect employees that worked in those type of environments from being exposed to asbestos. Illinois, Pennsylvania had occupational disease statutes in the 1920s and ’30s. So millwrights were probably not studied specifically until the ’60s and ’70s, but that doesn’t mean that these companies weren’t aware of the hazards.

There’s a famous doctor, his name is Irving Selikoff, and he was really one of the pioneers in asbestos research and worker safety. And he went to a famous conference, or actually held a famous conference in 1964. And one of the publications that came from that conference is, he says, and I’m paraphrasing, he said it a lot more eloquently than I can, but basically, “Asbestos doesn’t respect job titles. You’re not impervious because you work in a particular craft versus another craft. It is the exposure to asbestos, it is repeated exposures, it is singular exposures, it is heavy exposures, it’s lighter exposures.”

We have things in this country that we’ve been dealing with for many years that have caused acute injuries, immediate death, those sort of things. But I don’t think that there’s been anything like asbestos that has been a 60, 70, 80-year hazard in this country to our skilled, and all of our, laborers, including millwrights. And a lot of these companies, not only did they know, but a lot of these companies participated in research. Sometimes they published that research.

And while it was honest reporting, they did not follow the recommendations and procedures that they told everybody else to. And sometimes they buried it, and sometimes they didn’t provide information. And most of our clients were the kinds that didn’t work directly for the powerhouse. They didn’t work directly for the chemical plant or the paper mill. They were working for contractors. And a lot of those paper mills, and power plants, and manufacturing plants, they did not communicate the things that they knew about asbestos to our clients or to their employers. And in most situations, the contractors were not century-old, Fortune 50/500 type companies. Those were your mom and pop type companies. Those were your small businesses. Those were the ones that didn’t have the kind of sophistication like a major manufacturing entity would have.

John: Mm-hmm.

Paul: And I don’t want to name names, here. We’ve done that in other podcasts and we’ll do it again, but to generalize, a lot of these places had hundreds if not thousands of engineers on staff. They had physicians, they had scientists, they had research and development departments. If they didn’t know something, it was not from exercising due diligence, it was because they didn’t want to know. And if they did know and they didn’t communicate those things, it was because they didn’t want to. They chose not to.

And as a result, and I’ve had this conversation with hundreds of clients over the years, all of whom have said, “Gosh, if I had known that I was putting myself at risk, and I was putting my family at risk, and other people that I come into contact with at risk, I would’ve chosen something else. I would’ve done something else in my life. And maybe it wouldn’t have been as lucrative, maybe it wouldn’t have put food on the table and enabled the lifestyle that we had, but I sure would’ve rather had my health. And I sure as heck wouldn’t have wanted to put my family members or anybody else at risk because of what I did.” And again, John, these are smart people.

John: Sure.

Paul: They could have done something else. They would’ve been successful in anything they did. And so it’s really a shame the way that the people like that who’ve built this country have been treated. It’s something we are very deeply concerned about and something that we’ve fought for 25 years [about].

John: All right. Well, that’s really great information, Paul. Thanks again for speaking with me today.

Paul: Thanks, John.

John: And for more information about mesothelioma and asbestos exposure, visit the law firm of Satterley & Kelley at Satterleylaw.com or call (855) 385-9532.

First UK Group Asbestos Injury Claim Against Johnson & Johnson

Asbestos injury lawsuits against Johnson & Johnson for injuries caused by contaminated baby powder have spread to the United Kingdom (UK). More than 3,000 claimants (or plaintiffs in the US) joined a lawsuit claiming asbestos in the company’s products caused their cancers.

It’s estimated that about 66,000 such lawsuits are pending against the company in the US. Johnson & Johnson (J&J) has unsuccessfully tried to use the bankruptcy process to force plaintiffs to settle these claims.

The lawsuit was filed in England’s High Court in October, according to the New York Times. The claim’s value is 1 billion pounds (or $1.3 billion), according to KP Law, the law firm representing the claimants. This is the first group claim filed against J&J in Britain.

Legal Claims Based on Injuries From a Product That Wasn’t as Advertised

The claimants claim that from 1965 to 2023, the company sold talc products knowing they contained cancer-causing asbestos fibers. J&J stopped selling talc-based baby powder in the US in 2020, replacing it with cornstarch, and made a similar change globally in 2023.

Claimants include those who developed ovarian cancer and mesothelioma. They claim they were exposed to the baby powder for at least five years, during their infancy, childhood, and for some, it continued into adulthood. The product’s packaging stated its “mildness” was “clinically proven.”

Company Denies Wrongdoing

J&J’s baby powder was made from talc for decades. The company claims that its product is safe but internal memos released in the course of litigation show company officials were concerned that the processed talc they used was contaminated with asbestos fibers, which can be mixed with or near underground talc deposits.

Two years ago, J&J put its consumer product brands in Kenvue, a stand-alone company. It defends the alleged safety of baby powder, claiming testing has shown it didn’t pose any risk and complied with all applicable safety standards, rules, and regulations.

Take Legal Action Now — Contact Our Firm

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

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.