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Kentucky Personal Injury Blog

Need for change identified in FMCSA rule

If you have shuddered upon hearing reports about a serious crash involving a drunk or drugged driver in Kentucky, you are not alone. Your concerns, frustrations and even anger at the impaired driver are certainly understood, especially when that driver is operating a tractor trailer or other commercial vehicle while on duty. It would be nice to think that these truckers would take their responsibilities to drive safely seriously but sadly some do not.

This is part of why the Federal Motor Carrier Safety Administration created its drug and alcohol clearinghouse rule. Among the provisions of this rule is the requirement for agencies at the state level to review the records of every driver who requests a commercial driving license in that state. This includes any new, transferred, upgraded or renewed license as a commercial driver. These records housed in the clearinghouse would show any failed drug or alcohol tests.

Is it safe to kill my weeds with Roundup?

Spring in Kentucky means that the beautiful bluegrass once again comes to life. It also means that weeds try to choke it. If you are like many Kentucky residents, you likely use Roundup to kill those pesky weeds. But is Roundup use hazardous to your health?

According to the International Agency for Research on Cancer, a World Health Organization agency, it is. The IARC was the first to raise red flags about Roundup, Monsanto’s most popular weed killer, back in 2015. The Mercury News reports that IARC studies found that glyphosate, Roundup’s main ingredient, is a probable carcinogen

Failing smoke detectors put consumers at risk of injury or death

When consumers purchase items at the store, they generally expect that the products they purchase will work as claimed on the packaging and have been adequately tested for safety and performance. When the product in question is a safety critical device, like a smoke detector, the lives of the consumer and the lives of the people they love depend on the performance of the product.

Sadly, companies often fail to uphold rigorous standards when it comes to manufacturing, parts testing and product safety. They may test one batch of a critical component, leaving their company open to potential failures in the future. Other times, they may not carefully examine each product before it get packaged and shipped for sale to consumers. Cutting corners in that fashion could put consumers at unnecessary risk.

Company mislabels protein bars. Voluntary recall announced

People who suffer from allergies to peanuts and other ingredients commonly contained in many snack foods have to run a daily gauntlet when planning their meals. It's vital that they pore over the labels on food products that the rest of us are able to gobble indiscriminately. Failing to ascertain that their bag of snacks is free of these ingredients can make — at best — for several really uncomfortable hours with a roiling gut.

For those who suffer from severe food allergies but neglect to diligently scan each label, the worst case scenario could be a lethal one. Although, fortunately, it is a rare side effect, some allergy sufferers who inadvertently ingest foods containing peanuts or other nuts can develop anaphylaxis, a possibly life-threatening complication where the allergic person's breathing is impaired and they go into shock.

Does baby powder really cause cancer?

If you are a typical Kentucky resident, you probably grew up with baby powder; specifically, Johnson & Johnson Baby Powder. Your mom undoubtedly shook it all over you when you were a baby because that is what her mother had taught her to do. You likely continued the family tradition and slathered your own children in baby powder when they were little. All of you may have continued to use it on a regular basis long after you grew out of babyhood. After all, baby powder and the talc that is its main ingredient are excellent moisture absorbers and also make your skin feel soft and smooth.

Over the past several decades, however, many red flags have gone up regarding baby powder’s possible carcinogenic properties. In the early 1970s, scientific studies began surfacing that indicated small amounts of asbestos in baby powder and other talc-containing powders and cosmetics. Asbestos was already a known carcinogen, most associated with mesothelioma, an aggressive form of lung cancer whose symptoms often do not appear until years or even decades after the victim’s initial asbestos exposure.

How many vehicles were recalled in February?

If you are like many Kentucky residents, you may own a car, a truck and maybe a recreational vehicle. Naturally you expect them to be safe for you and your family to ride in and camp in.

However, Recalls.gov reports that quite a few vehicles were recalled in February for various types of mechanical and other problems. Here are just six of them.

Current vehicles recalls that have safety-critical impacts

It seems like vehicle recalls make the news more often than not these days. From the Takata airbag recall to the Toyota recall over the shift levers, these recalls address critical safety issues. All drivers on the road should find out if their vehicles are the subjects of recalls. That way they can determine how to address the issues and determine whether their vehicles are safe to drive.

There seem to be many misconceptions surrounding vehicle recalls, including the fact that vehicle owners are always notified. There are some cases in which the current owner might not know about the safety issues lurking in their driveway. Here are a few recalls that are included in the April 2018 Consumer Reports magazine about which vehicle owners should know.

Good news, bad news in giant Takata air bag settlement

Over the past few years, Eastern Kentucky media outlets have reported on the deaths and injuries resulting from failures of Takata air bags. The good news is that the Japanese manufacturer has reached a $650 million settlement of the claims. Bad news: according to reports, the company's financial woes means that less than one-fourth of the amount will go to consumers.

The Takata air bag recall was the largest automobile recall in U.S. history.

Medical Review Panels – Supreme Court to decide

Medical malpractice has been up in the air in Kentucky since the Medical Review Panel Act (KRS 216C) went into effect in June. This required that all allegations of medical malpractice be reviewed by a panel before being allowed to proceed to trial.

The act was declared unconstitutional, appealed, and fast-tracked to the Kentucky Supreme Court. We should know shortly how they decide and how medical malpractice can proceed.

Toyota recalls vehicles due to air bag-related defect

Automaker Toyota – which operates its largest manufacturing plant right here in Kentucky – has recalled an estimated 49,000 vehicles in North America to repair an electrical problem that may prevent its air bags from inflating in a crash.

The recall primarily affects 2016 Toyota Prius hybrid cars; 2016 Lexus RX vehicles; and 2015-2016 Lexus NX vehicles. Toyota made the announcement on Jan. 31. The recall, however, affects an estimated 645,000 vehicles worldwide.

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