Kentucky Injury Attorney Blog

Kentucky products liability attorneys are not happy with the latest Kentucky Supreme Court case, Fluke Corporation v. LeMaster (Rendered March 18, 2010). The court reversed a 2008 Appellate decision which held that equitable estoppel barred a product manufacturer's statue of limitations defense because the company hid product defects from government regulatory agencies.

The case stems from an explosion injuring several people. After filing a lawsuit, the plaintiffs added another defendant, Fluke Corp., after the statute of limitations date had passed because they later learned that Fluke's defective voltage meter may have contributed to the accident. Fluke's summary judgment motion was granted and the plaintiffs appealed claiming Fluke's failure to properly comply with the Consumer Product Safety Commission bared their defense.

The Supreme Court reversed, holding that plaintiffs were not protected by the company's failure to properly report to the government agencies. Instead, the plaintiff was bound by the one-year statute of limitations for products liability cases. The plaintiff knew or should have known that there was potentially a problem with the voltage meter at the time of the accident.

Continue reading "Kentucky Supreme Court Opinion on Products Liability " »

Yesterday, June 1, 2009, a train at the Louisville Zoo derailed injuring over 20 of the 30 passengers aboard, many of them children. Several of those injured were transported to area hospitals. Ride inspectors from the Kentucky Department of Agriculture have already begun investigating the incident to try and determine what caused the train to derail. The train, which allows visitors to ride a loop around the zoo, will be shut down until further notice. A Louisville Zoo spokesperson told the Courier-Journal that the train is driven by zoo employees who are certified by the zoo and are at least 18 years old. The train does not have safety belts. When asked about safety belts, the Louisville Zoo spokesperson stated that the train did not have safety belts because they are not required by the manufacturer. The procedures the Louisville Zoo follows for inspecting the trains and the tracks have not been made available as of yet by the Louisville Zoo

If you or your loved one was injured as a result of this accident at the Louisville Zoo or any other automobile or trucking accident, call the personal injury attorneys at Miller and Falkner to protect your rights.

Read more about the accident at the Louisville Zoo.

On March 31, 2009 the U.S. Consumer Product Safety Commission (CPSC) and Yamaha Motor Corporation issued a recall for more than 120,000 of its Yamaha Rhino ATVs model 450 and 660 which have been sold since 2003.  The recall is due to an inherent design flaw that makes these vehicles unstable and susceptible to low-speed rollovers.  These rollovers have resulted in 46 confirmed deaths and hundreds of injuries including the legs and arms of occupants being crushed by the roll cage as the vehicle crashes to the ground.  Many of these injuries occur even if the occupant is wearing a seat belt.  These rollovers also occur on level or near-level ground and can occur even if the driver does not turn the vehicle sharply. 












Yamaha Rhino 450
(without doors)                      
                                                                                         Yamaha Rhino 660
                                                                                         (without doors)

Yamaha is offering a free repair of this design defect.  Yamaha has also agreed to voluntarily suspend the sale of these models starting immediately until all are repaired. The CPSC warns that consumers should immediately stop using these recreational vehicles until the repair is made by a dealer.

Yamaha is also voluntarily suspending the of sale for the Rhino 700 model and implementing the same repair program. The CPSC also warns that consumers should stop riding the 700 model until it is repaired. About 25,000 Rhino 700s are part of this repair program.

View the recall in its entirety. 

Continue reading "Yamaha to Recall Rhino ATV After 46 Confirmed Deaths and Hundreds of Injuries" »