Product Liability in Kentucky

Product Liability in Kentucky

Sep 19

Product liability is that area of tort law that governs any property damage, personal injury, or death that was caused by a product due to some aspect such as its design, construction, formulation, processing, warning, packaging, marketing, and so on. As mentioned on the website of the Sampson Law Firm in Louisville, product liability is a complex issue that may involve more than one defendant depending on the circumstances and the cause of action, and each state addresses these issues differently.

In Kentucky, product liability is embodied in the Kentucky Revised Statutes Annotated (§ 411.300-340) known as the Product Liability Act of Kentucky. Under these statutes, causes of action include:

  • Strict Liability – for dealing with defendants who are involved in the manufacture and design of a product; the standard follows the 2nd Restatement of Torts where a product is considered defective when a reasonably prudent seller when made aware of the risks would not sell the product at all. Under this cause of action there are several possible claims including: design defect, manufacturing defect, and failure to warn.
  • Negligence – when the claim is made against a distributor or seller, mostly dealing with the failure to test or the failure to warn consumers about the risks before or after the sale, depending on when the seller became aware of the risks. It can also address faulty packaging or certification, and failure to modify or recall as the case demands
  • Breach of Warranty – typically brought against defendants from whom the claimant bought the product directly which establish privity (a relationship based on service) between the defendants and the plaintiff; claims are often made when the defendant fails to follow through with a promise (warranty, express or implied) or makes a faulty recommendation in the selection of the product.

When there is a clear breach of warranty i.e. product breaks down within the warranty period or when the manufacturer has already acknowledged the defect through a recall or other settlement offer i.e. GM’s faulty ignition switch, then it may be a simple matter to get compensation. However, these are the exceptions to the rule and as in most tort cases, the burden of proof is on the plaintiff, so it is important that the case is consulted with a competent product liability lawyer that can determine if it is viable before any other step is taken.

Cross Stitching

Cross Stitching

Sep 03

Cross stitching is a form of needlework that most anyone can pick up. It’s popular for its simplicity and inexpensive entry costs.

That is not to say that it’s for amateurs. Cross stitches can also be complex and beautiful. It all depends on how detailed your pattern is, as well as the cloth you are stitching on. Most commonly, cross stitches are stitched onto Aida cloth, which is loosely woven fabric that helps you keep your stitches lined up. Depending on the weave’s spacing, your stitches will be bigger or smaller, with tighter spacing requiring more complex stitching.

We <3 cross stitching!

We <3 cross stitching!

Like I said, cross stitches can also be very complex. I’ll leave you with this beauty:

cross stitch floral

Prozac History

Prozac History

Aug 03

Prozac (fluoxetine), also known as “bottled sunshine” to many celebrities and millions of the depressed, is a class of antidepressants called selective serotonin reuptake inhibitors (SSRIs).  It was first approved as an antidepressant in December 1987 by the Food and Drug Administration (FDA) in the US. The patent held by developer Eli Lilly and Company in August 2001.

The history of Prozac, which is also the background to fluoxetine which is now available under generic brands, is quite interesting and a bit disturbing. Originally documented in 1974, it was initially tested on humans as an antihypertensive, because it showed that it lowered the blood pressure in lab animals. However, it was a no-go in human testing. Eli Lilly did not give up on the drug, and tried it again as an anti-obesity drug. Again, no joy. But a strange thing happened during the human trials: five participants who exhibited mild depression reported feelings of upliftment while taking Prozac.

Quick to take advantage, Eli Lilly proposed the drug as an antidepressant for both adults and children, and Prozac became the stuff of legends. Or at least, it was promoted as such by the celebrities who swore by its positive effects, and by the time the drug was on the shelf for 3 years, it was considered a wonder drug, a problem-free quick fix. It also popularized the term SSRI to denote a class of antidepressants. Many more drugs were developed along this line as a result.

In the decades since it was approved, Prozac has become a panacea of all ills. Prescriptions for the drug increased four-fold between 1991 and 2009, and it was not restricted to treating depression. Other FDA approved uses were for the treatment of panic disorder, bulimia nervosa and obsessive compulsive disorder. Off-label uses included post traumatic stress disorders, obesity, and cataleptsy. It has even become standard to prescribe Prozac to the recently bereaved, although grief is not a pathologic condition.

That is the interesting part. The disturbing part is that no one really knows how Prozac actually works. SSRIs are thought to block the reabsorption of the feel-good chemical serotonin so that it stays longer in the brain, lifting one’s mood. But this is merely the theory, not the fact. The fact is, many scientists today contend that fluoxetine in particular does not work on patients with mild to moderate depression. Moreover, there are serious side-effects that accompany the indiscriminate use of Prozac, including birth defects, suicidality, and sexual dysfunction. Despite these ever-increasing concerns about the health effects of Prozac, it continues to be one of the most prescribed antidepressants in the market even with newer and “safer” alternatives.

How to Choose a Limo Service

How to Choose a Limo Service

Jul 03

Not all limo services are created equal. Just like anything in life, you get what you pay for. So if you just need a ride, then by all means use a Russian roulette way of choosing a limo service. But if it is crucial for your professional image, or it is for a once-in-a-lifetime occasion, then you had better follow these steps on how to choose a limo service that won’t have you pulling out your hair at crunch time.

Do Research

The first thing you need to do is to get a list of limousine services in your immediate area. If you get a lot of hits, you will want to narrow it down. You can do this initially by checking for recommendations or reviews from reputable sites like Angie’s List and the Better Business Bureau. Not all of them will be there but that doesn’t really mean anything. However, the ones that are mentioned in a bad way you can cross out. As a rule of thumb, outfits that have been in the business for a while tend to give better service, so start with those before getting to the newbies.

Decide What You Need

There are small limousines that comfortably carry 3 people not including the driver, and there are huge ones that can carry up to 45 people (although these are more like busses than a car). There are also limousines that are comfy and those that are outright luxurious for a night out on the town. Depending on the occasion, you have to figure out what you need and for how long so that you know what to ask for in a quote. As pointed out in the website of Capital City Limousine, rates vary depending on the vehicle and the length of time it is needed.

Call

Most limo services have an online inquiry form, but will want to call them so that you can check out their customer service. A good service will invest in good front liners, who will not only help you book a limousine but also with any problems that may come up. If the person who answers your call is bored, surly or rude, you can cross that service off your list.

Mesothelioma

Mesothelioma

Jun 29

People have been aware for decades that the ultrafine fibers of asbestos pose a serious danger for people who are chronically exposed to the substance. While asbestos occurs in nature, they are in amounts that are not considered dangerous to humans. However, because it was used in the manufacture of so many consumer goods in the bad old days, people have been exposed to copious amounts of asbestos. This is true of most people, but especially those who actually worked in industries that made or used asbestos.

Unfortunately, as asbestos lawyers have argued for years, the symptoms of diseases that can be causally linked to asbestos exposure take a long time to manifest. A good example is malignant mesothelioma, cancer of the mesothelium, which is the protective covering of the lungs, abdomen, heart, and other internal organs. Asbestos-related mesothelioma most commonly develops in the pleura, which is the covering of the lungs.

More than 27 million people were exposed to asbestos because of their jobs between 1940 and 1979, by which time it became apparent that asbestos was a health hazard. Between 1973 and 1984, there was a three-fold increase in the diagnosis of mesothelioma among people with occupational exposure to asbestos. In the decade between 1980 and 1990, more and more people started dying of the disease, which indicates that it could take years for the symptoms to manifest, as much as 40 years in some cases.

When diagnosed with mesothelioma, patients can expect it to change their lives, and available treatment modalities can be expensive. If there is reason to believe that the condition is due to occupational asbestos, a personal injury lawyer in the area specializing in mesothelioma or asbestos-related cases should be consulted before the statute of limitations runs out. Compensation that may be sued for medical and life care expenses may be forthcoming for successful cases.

Stick it In: Micro Needling and Hair Extensions for Looking Your Best

Stick it In: Micro Needling and Hair Extensions for Looking Your Best

Jun 27

Looking your best at all times is hard work, but for a lot of people it is necessary for personal and professional reasons. Studies show that attractive people are more likely to be successful in both because of the boost of confidence as well as having a positive impact on other people. How better to look your best than by having smooth, young-looking skin and a head-full of healthy hair.

One can always have Botox or facial treatments to improve skin appearance, but an experienced and updated Des Moines plastic surgeon would probably recommend a procedure called micro needling. It sounds painful, but certainly no more than having any other skin-rejuvenating treatment especially since topical anesthesia is applied prior to the procedure.

Micro-needling, also known as collagen induction therapy is the newest technique in skin rejuvenation in which collagen production is encouraged by pricking the skin using tiny needles. Discomfort is minimal, and the patient recovers in as little as 24 hours. Because there is always the danger of infection even with pinpricks, it is recommended that the procedure be performed by a reputable plastic surgeon or dermatologist.

Another way to look great is to get hair extensions. Because it can be a drag to have long hair all the time, or genetics may not be so generous with the head covering, hair extensions are a good way to supplement what you have. Hair extensions are also a good way to protect natural hair from sun exposure, and a Houston hair salon will know all about how to go about it. There are several options open for those wishing for more luxuriant locks, ranging from the clip-on to weaving, depending on the client’s needs. An experienced stylist will explain the pros and cons of the available methods.

These are all non-invasive methods to looking young and healthy. It’s just another was to grow old gracefully and gradually.

Workers’ Compensation under the Longshore Act

Workers’ Compensation under the Longshore Act

Jun 26

Most employees in the US are covered by workers’ compensation insurance, but some occupations are much more dangerous than others. One industry where worker injuries are notoriously frequent is construction, and it is immediately apparent why. However, an occupation that poses daily risks which is not so obvious is for workers in the maritime industry. Workers’ compensation for these workers is slightly different because of the terms of the Longshore and Harbor Workers’ Compensation Act (Longshore Act).

The Longshore Act is a federal law that was enacted 87 years ago in 1927, and covers workers that are not covered under the Merchant Marine Act of 1920 (Jones Act). A Lexington personal injury lawyer or any attorney experienced in workers’ compensation law would be aware of this special law. It is similar to workers’ compensation for other industries in that is mandatory for eligible employers and the coverage. The Longshore Act covers compensation for:

  • Medical bills
  • Permanent or temporary total disability
  • Permanent or temporary partial disability
  • Non-scheduled permanent partial disability
  • Permanent partial disability for retirees
  • Rehabilitation

However, the Longshore Act is administered by a special division of the Office of Workers’ Compensation Programs specific to covered employees (Division of Longshore and Harbor Workers’ Compensation).  In addition, the workers’ compensation as mandated by the Longshore Act is more generous than the standard workers’ compensation package, and in 1984 the Act was amended so that eligible maritime employees would receive benefits in addition to regular workers’ compensation in accordance with a Supreme Court decision in 1980.

If you suffered a workplace injury as an eligible employee under the Longshore Act, you should know what compensation you can receive. According to the website of Habush Habush & Rottier S.C.®, you could also consult with a workers’ compensation lawyer in the area to find out of benefits are available to you under the law. These legal areas require a lot of specific paperwork that a lawyer can help you gather and understand.

Porch Collapse Liability

Porch Collapse Liability

Jun 25

It may seem like a strange category for premises liability, but if one stops to think about it, we put a lot of faith in property owners or managers when we walk out into something like a porch or deck anywhere at any time.  This is what happened in 2003 when the worst porch collapse accident in US history happened in an apartment complex in Lincoln Park in Chicago. Thirteen people died while 57 people were seriously injured, most of whom were in their early 20s enjoying a party until about midnight, when the disaster occurred.

A porch collapse may occur when the construction is made of wood. The load-bearing capacity of even the sturdiest porch is limited, so it is property owner should know this and monitor the number of people and equipment that are on the structure accordingly. In Huntington Beach, for example, the porch stability can be affected by the weather or an event such as an earthquake, and the property owner should inspect it regularly for possible weaknesses. Habush Habush & Rottier S.C.® will probably need to look into the maintenance history of any porch that collapses resulting in death or injury. Failing to look out for the safety of the people who are allowed onto the structure translates into negligence, and can result in an actionable case.

The 2003 incident was finally resolved in 2013 when the courts ruled that the building owners and the insurance company covering the property were liable for damages totaling $16.6 million for the consolidated case of 40 plaintiffs. The awards were limited by the insurance policy terms.

Property owners need to understand the responsibility they take on when they invite people to come into their property. If you have suffered serious injury from the negligent acts (or lack thereof) of the property owners or managers, you should be the one to take on the financial burden. Consult with a porch collapse lawyer and find out your rights.

The Philippines Outsourcing Advantage

The Philippines Outsourcing Advantage

Jun 21

Outsourcing is the latest buzzword in developed countries, mainly because the intense competition fostered by globalization has put them at a disadvantage in terms of labor costs. To maintain their position as market leaders, most have compromised by shifting some processes to third-party providers at lower costs. While outsourcing does not necessarily mean delegating work to foreign workers, that is precisely the type of outsourcing that makes good business sense these days.

There are a number of countries with the infrastructure and affordable labor force to make remote outsourcing of business processes a viable undertaking and the Philippines is one of them. Hovering between the 5th and 7th ranking depending on the source, the country has jump-started its technological development in the last couple of years, improving its infrastructure to become more competitive in the business process outsourcing (BPO) market. Even before LTE, however, the Philippines always had an edge when it came to outsourcing: near-native English proficiency.

Most Filipinos anywhere can understand English, sometimes better than the national language, Tagalog, which is really only used in Luzon. A person from the Visayas, for example, will not understand Tagalog but can communicate very well in English. This is because Filipinos in general have identified closely with the American culture as a result of the American occupation during World War II and long association with Americans in the various bases that used to be in the country. Today, many of the currently existing Philippines outsourcing companies have a labor pool of people who are highly proficient in English and can speak with a neutral or American accent to choose from.

This is a distinct advantage when it comes to outsourcing customer service and sales functions. It’s often off-putting for a customer to reach a customer service center with employees who struggle to easily communicate with them. With Filipino outsourcing, customers are unaware that the agent they are speaking to is not a local, which is desirable from the client’s point of view. If you have outsourcing needs, chances are the Philippines will be the best option for you.

Surviving Motorcycle-Auto Accidents

Surviving Motorcycle-Auto Accidents

Jun 20

A recent accident in Iowa involving a motorcycle and passenger car resulted in, predictably, serious injuries to both the motorcycle operator and the passenger. No mention is made in the news article on the plight of the car occupants because presumably no injuries or fatalities occurred. This is typical of an encounter between a motorcycle and a larger vehicle, which is why there are vigorous campaigns to improve motorcycle safety through helmet use and operator training.

The fact is, motorcycles are dangerous. This is mainly because it’s a constant balancing act coupled with the capability of suicidal speed. These two factors alone are enough to make anyone’s hair stand on end; add in the utter lack of protection for the operator and you have all the ingredients of catastrophe. It is no wonder that the number or motorcycle crashes and fatalities are steadily rising as more and more people take to the road on two wheels.

But none of these factors will necessarily result in an accident if the operator takes reasonable precautions when taking to the road. Wearing safety gear provides some measure of protection and driving defensively will reduce the risk of accidents even more. However, if people in larger vehicles neglect to take due care when sharing the road with motorcycles, the risk of a crash increases significantly no matter how careful the motorcycle operator is. In auto accidents involving a motorcycle that is caused because the other vehicle driver failed to notice the motorcycle, for example, the driver can be held liable for any injuries or deaths that ensue, according to personal injury lawyers like Ali Mokaram.

In the case mentioned above, investigations are ongoing to determine causation. If the driver of the other vehicle is found negligent, the injured operator and passenger may benefit from the advice of an to get compensation for their injuries.