Kentucky Injury Lawyer Blog

A Powell County man is one of the 4th of July weekend's auto accident victims. Baily Scott Pelphry died in a car wreck on the Mountain Parkway. He was pronounced dead after his car hit a tree and caught fire late Friday night.

Pelphrey went off the roadway because of a medical issue. His family says he suffers from epileptic seizures.

Bahe Cook Cantley & Jones car accident and wrongful death attorney Larry Jones says, "Vehicles are supposed to be designed so that they won't catch on fire. If a car catches fire, a product liability specialist and accident reconstruction team should be immediately dispatched to investigate the wreck and determine why the vehicle didn't perform as it was designed (i.e., why it caught on fire when it shouldn't have caught on fire.)

For more information about claims against auto manufacturers for the death or serious injury of a car accident victim, visit http://www.kentuckyinjurylaw.com/

According to news reports, the house fire that killed several people in Louisville may have been preventable. Someone apparently removed the smoke detector and it wasn't replaced. Bahe Cook Cantley & Jones wrongful death attorney Larry Jones says, "This is a very clear instance of negligence that has resulted in the death of several people. Please use this incident as a reminder to check your smoke detectors."

For more information about the rights of those injured or killed in house fires, visit http://www.kentuckyinjurylaw.com/

Here is the latest from WHAS:

(WHAS11) - Firefighters are still investigating what caused a fire in Germantown Saturday.

But they are saying that a missing smoke detector may have prevented it all.

This isn't the first time firefighters have been at 1249 South Clay Street.

When firefighters arrived there just before 2:00 a.m. on Saturday morning, they realized they had been to this same house just last June.

"The first unit that arrived here…they are the ones who installed a smoke detector here, just last year," said Sgt. Salvador Melendez, Louisville Fire and Rescue.

That smoke detector was installed in the home's first floor with a 10-year lithium battery as part of the department's Fire Prevention and Awareness Program. They travel to homes to ask if they have a smoke detector and properly install one if it's needed. But that smoke detector is nowhere to be found in this gutted house.
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"Even if they happen to catch fire, we're able to tell that there was one, #1. And #2, whether it was or was not working. There is no trace of that smoke detector. It appears that somebody removed it," said Melendez.

Right now, they know the fire began somewhere on the first floor, that's where 9 people inside the house were sleeping in 2 bedrooms.

Fire fighters say they arrived on the scene just 3 minutes after the call came in from neighbors who saw the flames shooting through the roof. But they say there is no way to know just how long the people inside had been breathing in the smoke.

A second smoke detector, on the second floor, had not been removed.

But no one was on the second floor and the fire wasn't nearly as bad there.

"Smoke detectors, they can save your life," said Sgt. Melendez.

Firefighters are hoping in this case they had.

The latest on the children still in the hospital is that we're told a 7-year-old and a 9-month-old remain in critical condition. A 5-year-old is listed in serious, but stable, condition.

Four Louisville residents died in a house fire at 1249 S. Clay Street in Louisville, Kentucky last night/early this morning. The cause of the fire is unknown at this time.

Bahe Cook Cantley & Jones wrongful death attorney Larry Jones says, "Fires result in many deaths every year. Please use this tragedy as incentive to check your smoke detectors or fire alarms. If you are a renter, call your landlord if your detectors do not work. It is unclear in this case, if the detectors were operational and whether the family had a chance to escape."

For more information about the rights of those injured or killed in house fires, visit http://www.kentuckyinjurylaw.com/

According to the Louisville, Courier Journal, the raging fire at a two-story house at 1249 S. Clay St. was spotted by neighbors around 1:30 a.m. But neighbors said Saturday there was nothing they could do.

Next-door neighbor Darnellius Edwards said he grabbed a garden hose and began spraying the house with water before firefighters arrived around 1:40 a.m.

"When I got there it was already fully engulfed," he said. "There were flames coming out the door."

Gloria Griffin, who lives two doors down, said her two adult sons rushed to the burning house when they heard the sound of breaking glass. But, she said, the flames and heat turned them away.

"It was just too much," she said. "They couldn't get in."

Rescue units pulled nine people from the house, including five children, said Sgt. Salvador Melendez, a spokesman for Louisville Fire & Rescue. He said most of the victims were in the first-floor living room or bedroom. Only one of those taken from the house, a child, was conscious.

The four people killed included:

An unidentified man who was pronounced dead at the scene at 1:44 a.m. of fire-related injuries, Wesley said. Authorities are trying to positively identify him, likely using dental records, he said.

Amarion Seargent, 5, who was pronounced dead at 2:24 a.m. at Kosair Children's Hospital. Amarion, who lived at the residence where the fire occurred, died of soot and smoke inhalation, said Jim Wesley, deputy coroner for Jefferson County.

Anton Seargent, 3, who was pronounced dead at 2:41 a.m. at Kosair. Anton, Amarion's cousin, also died of soot and smoke inhalation, Wesley said.

Gabrial Johnson, 21, of the 4200 block of Win Rose Way, was pronounced dead at 8:41 a.m. at University Hospital of injuries she likely sustained in the fire, said Jim Wesley, deputy coroner for Jefferson County. Wesley said she is believed to be a friend of the family that lived at the house.

According to this article from the Consumer Product Safety Commission, over 7,000 people were injured by fireworks last year, resulting in serious burns and deaths.

Bahe Cook Cantley & Jones attorney Larry Jones says, "Fireworks can be fun and dangerous at the same time. It is important that party hosts protect their guests against injuries from fireworks, including properly supervising the kids that may be setting off fireworks or just watching others set them off. Have fun but be safe on this great holiday!"

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission's new Chairman, Inez Tenenbaum, urged families today to put safety first during the Fourth of July holiday and celebrate with caution when it comes to fireworks. The latest report (PDF) from CPSC indicates that there were reports of seven fireworks-related deaths and an estimated 7,000 hospital emergency room treated injuries in 2008. In 2007, CPSC had reports of eleven deaths and an estimated 9,800 injuries.

Chairman Tenenbaum, in a press event and fireworks demonstration on the National Mall, reminded consumers that even with fewer reported deaths and injuries in 2008, the one-month period surrounding the Fourth of July is still the most dangerous time. In fact, 70 percent of all fireworks-related injuries occurred between June 20 and July 20.

CPSC wants to keep reducing fireworks-related deaths and injuries in 2009, said Chairman Tenenbaum. Children should never play with or light fireworks, and adults should watch our demonstrations to see how powerful and dangerous illegal fireworks can be.

Chairman Tenenbaum was joined on the National Mall by Tony West, Assistant Attorney General for the Civil Division of the Department of Justice; Dan Baldwin, Assistant Commissioner for the Office of Trade within Customs and Border Protection (CBP); and Joseph Riehl, Acting Assistant Director of the Office of Enforcement Programs and Services for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

CPSC continues to work to keep American families safe by educating the public about the risk of injury associated with fireworks, enforcing fireworks regulations, and prosecuting dealers and distributors who manufacture and sell illegal explosives.

As a part of its fireworks enforcement program, CPSC actively works with ATF to investigate roadside stands, warehouses and retail stores that sell professional grade explosives to consumers, and homes that serve as havens for the manufacture of dangerous fireworks devices. These investigations have resulted in dozens of successful prosecutions by the Justice Department's Office of Consumer Litigation and U.S. Attorney offices across the country.

On June 19, 2009, a federal judge in the Eastern District of New York sentenced Jon Cea and Vincent Cea to 24 months and 36 months in federal prison, respectively, after they pleaded guilty to conspiracy to engage in the business of dealing in explosive materials, involving the illegal sale of more than 1,000 pounds of explosives. The defendants and their customers were not licensed, yet they purchased and sold professional display fireworks. CPSC and the Justice Department worked in partnership on this case.

At the ports, CPSC is working alongside CBP to ensure shipments are in compliance with the federal regulations. With CBP assistance, last year CPSC staff found through sampling and testing of fireworks shipments that forty-nine percent of these shipments contained illegal fireworks.

While the federal government remains committed to stopping the manufacture and sale of illegal fireworks, CPSC encourages consumers who decide to purchase legal fireworks to:

* Never allow young children to play with or ignite fireworks.
* Make sure fireworks are legal in your area before buying or using them.
* Avoid buying fireworks that come in brown paper packaging, as this can often be a sign that the fireworks were made for professional displays and could pose a danger to consumers.
* Adults should always supervise fireworks activities. Parents often don't realize that there are many injuries from sparklers to children under five. Sparklers burn at temperatures of about 2,000 degrees - hot enough to melt some metals.
* Never have any portion of your body directly over a fireworks device when lighting the fuse. Move back a safe distance immediately after lighting.
* Never try to re-light or pick up fireworks that have not fully functioned.
* Never point or throw fireworks at another person.
* Keep a bucket of water or a garden hose handy in case of fire or other mishap.
* Light one item at a time, then move back quickly.
* Never carry fireworks in a pocket or shoot them off in metal or glass containers.
* After fireworks fully complete their functioning, douse the spent device with plenty of water from a bucket or hose before discarding to prevent a trash fire.

For more information about the rights of those injured by fireworks, visit http://www.kentuckyinjurylaw.com/

According to the Louisville Courier Journal, a young boy rescued June 1 from a burning house in southwestern Jefferson County has died at Kosair Children's Hospital, an official said today.

Jefferson County deputy coroner Larry Carroll identified the boy as 2-year-old Dylan Goldsmith, 7311 Ethan Allen Way, and said the cause of death, which occurred yesterday, was smoke inhalation.

When Pleasure Ridge Park Fire Department firefighters arrived at the home in Valley Village, they reported seeing heavy fire coming from the front of the house and were told that someone might be inside. Firefighters conducted a search and pulled the boy from a back bedroom.

The boy's father and a young girl got out of the home before firefighters arrived, fire department officials said at the time.

Bahe Cook Cantley & Jones personal injury attorney, Larry Jones, said, "My prayers go out to this family. As the father of two young children, I can't imagine the pain that this family must be feeling at this time."

Jones also said, "While the cause of the fire is unclear from the article, it is important to use this bad news to examine your family's own fire preparedness plan. In fact, my family and I purchased an emergency fire ladder from Home Depot today. I hope we never need to use it."

For more information, visit http://www.kentuckyinjurylaw.com/