Kentucky Injury Lawyer Blog

The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Whirlpool Corp. and Maytag Corp. of Newton, Iowa (or Maytag Corp. of Benton Harbor, Michigan) announced the voluntary recall of 1.7 million dishwashers sold in the United States from February 2006 through April 2010. The hazard has been identified as "an electrical failure in the dishwasher's heating element can pose a serious fire hazard."

The recall covers Maytag, Amana, Jenn-Air, Admiral, Magic Chef, Performa by Maytag and Crosley brand dishwashers with plastic tubs and certain serial numbers. Click here for the CPSC's information regarding the recall, including specifics about serial numbers.

A company spokesperson said the company has already set aside $75 million to address claims from the recall.

Dangerous and defective products are responsible for many injuries and death nationwide. Our profession calls this area of law products liability. Consulting a lawyer experienced in handling these matters is usually easy. Most lawyers will provide a complimentary initial consultation to evaluate a claim or case and let the person know if they can help.

Please feel free to contact me directly for more information or to ask questions. Just click here, and it will take you to a page containing contact information.

The legal implications of the BP Gulf oil rig explosion and oil spill could be significant. Lawyers will have to navigate a confluence of several different laws in order to be successful.

The Oil Pollution Act of 1990 requires that claims for property damage, environmental damage and loss of livelihood, but not personal injury claims, initially be brought with the responsible party for approval or denial, and the claimant must wait 90 days to do so. So, in this case, someone or some entity would have to submit their claim to BP, Halliburton Energy Services, Inc., Transocean or Cameron International Corp. (click here to read about the potential responsible parties). The Oil Pollution Act of 1990 also limits damages from oil-spills at $75 million unless gross negligence, willful misconduct or a violation of federal construction or operating requirements can be proven.

Next, general maritime laws will apply in some cases. This also limits punitive damages and centers around the question of the seaworthiness of the vessel involved, which in this case is the Deepwater Horizon oil rig. These laws are something that not too many even experienced lawyers are familiar with on a regular basis.

If anyone has questions or feedback on this post, please feel free to contact me directly. I'd love to hear any thoughts you have. Just click here, and it will take you to a page containing contact information. We will continue to keep you updated as developments occur.

The recent oil spill in the Gulf of Mexico after an explosion on a BP oil rig called Deepwater Horizon, which ultimately collapsed and sunk to the ocean floor, is not the first major explosion of a BP operation. In 2005, a BP refinery in Texas City, Texas exploded after efforts to restart a unit shut down for repairs led to a release of gas vapors and liquids. The liquids and vapors ignited and demolished a large part of the property causing 15 deaths and almost 200 other injuries.

BP was hit with fines totaling over $137 million for violations of the Clean Air Act and Occupational Safety and Health Administration regulations for uncorrected safety hazards.

Those involved in the lawsuits spawned from this incident have observed that BP's present tactics are similar to then. They include publicly stating they would accept responsibility and they were being transparent, and then attempting to prevent disclosure of information and the attempt to publicly blame others. Those familiar with BP's tactics also say that it will use all legal means possible to avoid responsibility and use their resources to their advantage.

Reports also exist that BP has attempted to settle prospective lawsuits with individuals for $5,000 in exchange for a release from any further liability. This before any damage had even occurred.

If anyone has questions or feedback on this post, please feel free to contact me directly. Just click here, and it will take you to a page containing contact information. We will continue to keep you updated as developments occur.

Early Friday morning New Albany fire crews fought a fire located on the roof of one of Indiana University Southeast Campus buildings. The fire started about 8 a.m. on the lower level roof of the south wing of Hillside Hall. Hillside Hall houses the Business and education schools. The fire was contained, and forced the evacuation faculty and staff for about an hour. No classes were scheduled at the time of the fire, and Faculty and Staff were allowed to return to the building after about an hour.

An apartment fire in the early morning hours at 300 East Oak Street in Louisville sent four people to the hospital today. Fortunately for those victims, they were alerted by a fire alarm which woke them. The alarm allowed all four to escape the fire without life-threatening injuries. Injuries were mainly due to smoke inhalation. The cause of the fire is not yet known and arson investigators were still on the scene as of earlier today. Due to the diligent work of the fire fighters, there does not appear to be significant structural damage to the apartment building, with some smoke damage on the second floor and water damage on the first. Brian Cook, Bahe Cook Cantley & Jones PLC attorney remarks on some legal and insurance implications of apartment fires in the full text of this entry. Click below.

Continue reading "Apartment Fire in Louisville Sends Four to Hospital" »

A semi-truck wreck on I-75 in Whitley County, Kentucky resulted in a semi being engulfed in flames and two people being injured.

Kentucky State Police in London, Kentucky report that a teal (blue/green), 2000, International, tractor-trailer, operated by Aleata L. Butts, 34, of Milledgeville, GA was traveling southbound on I-75 when it approached a slower moving blue and gray, 1988, Ford, Econoline, van operated by Donald E. Springman, 81, of Blanchester, OH. The tractor-trailer struck the van in the rear before striking a guardrail, a concrete bridge side rail and then becoming engulfed in flames. The van did not catch fire.

Both operators sustaine injuries. Mr. Springman was transported to the Baptist Regional Medical Center in Corbin for treatment.

Seat belts were in use and no drug or alcohol use was suspected.

The Courier Journal reports that fire investigators are getting close to determining the cause of the Christmas morning fire at Irv and Cathy Bailey's house. As most know, the fire tragically killed their two young grandchildren. Investigators have indicated that they intend to speak with ADT security services later this week to discuss how the fire was reported.

What many people do not know is that ADT and other services typically include a provision in their contract that protect them from any liability if they don't respond to an alarm or if they delay their response. Unfortunately, the Kentucky Court of Appeals upheld such a contract just a few years ago. It may be one of the most unjust results that I've seen in my career practicing law. In sum, you pay ADT and other services a handsome some of money each month to protect you if someone breaks into your home or your home catches fire, but they aren't responsible if they fall down on the job? That just does not make sense.

For more information about the rights of those injured or killed in house fires, contact Larry Jones directly at 502-587-2002 or by email: click here to email Larry.

A fire broke out around 2:30 a.m. this morning while the residents were asleep. The fire occurred at 4730 Burkley Avenue, Louisville, Kentucky in a home that had been converted to duplex apartments. The residents of the upstairs unit awoke to find smoke coming into their apartment from the downstairs unit. They escaped without injury, and tried to alert the occupants of the first floor unit. After no one responded in the first floor apartment, 911 was called. Firefighters rescued the occupants of the first floor, who were unconscious at the time of the rescue. The occupants of the first floor unit were a mother in her 20s and a daughter, reported to be age 11. They were taken to the hospital and are reported to have been in critical condition. The cause of the fire is presently under investigation.

For information on the rights of persons injured by fires, call attorney Brent T. Ackerson toll free at (866) 587-0002, or email Brent.

Anyone who rents an apartment should talk with an insurance agent about getting Renter’s Insurance. It’s a simple process that takes less than 15 minutes of questions to be answered in the application process, and the costs are very cheap.

The cost of Renters Insurance runs about $10.00 to $15.00 per month. It usually affords renters $100,000.00 of liability insurance to cover liability that may arise from you or your guests’ actions. The policies usually afford medical cover for injuries, and most importantly the policies afford coverage for your personally property, in the event of fire, theft, or other loss. Additionally, most policies provide coverage if you have to relocate from your apartment due to a fire or other catastrophic loss.

When an apartment in an apartment complex or building has a fire, all the apartments in the building are impacted. Not only the unit that caught on fire, but the other unit’s suffer fire damage, smoke damage, and water damage (from the efforts to fight the fire). This usually results in a total loss for all the people living in the building.

If a person were to consider everything that can go wrong or cause problems for them in their home, and then multiply those problems by the number of other people occupying the same complex or building, the risks are enormous. Those risks can be offset cheaply by having Renters Insurance.

For information about the rights of persons who rent apartments and have suffered a loss or injury due to the negligence of others call Brent T. Ackerson toll free directly at (866) 587-0002 or email Brent.

A fire at the Colonial Village Apartments in Somerset, Kentucky has left three people seriously injured, including a toddler after a Tuesday morning fire.

A neighbor driving home from work spotted the fire and then ultimately caught the toddler, who was thrown from the second story. Two adults were airlifted to University of Kentucky Hospital in Lexington. One has serious burns.

Bahe Cook Cantley & Jones lawyer Larry Jones says, "Apartment building fires are way too common. Many times the landlord has allowed the building to fall into a state of disrepair or has failed to maintain smoke detectors. In such cases, those who have been injured by the landlord's negligence are entitled to pursue an action against the landlord."

For more information about the rights of those who have been injured or killed in a house or apartment fire, contact Larry Jones by clicking here.