Kentucky Injury Attorney Blog

Parents in Kentucky and Indiana should rejoice over Danny's Law, a consumer protection statute which recently went into effect. Starting on June 28, 2010, parents who purchase a covered product will be provided with a registration card which should be sent back to the manufacturer. In the event of a recall, the parents will be notified. The information provided to the company by parents can only be used in the event of a recall, and cannot be used for marketing purposes. Further, the product will have to be labeled with the manufacturer's name and address, model name and number, as well as the manufacture date.

This law effects eighteen product categories including:

• full-size cribs


• non-full-size cribs


• toddler beds


• high chairs


• booster chairs


• hook-on chairs


• bath seats


• gates


• play yards


• stationary activity centers


• infant carriers


• strollers


• walkers


• swings


• bassinets


• cradles


• children's folding chairs


• changing tables


• infant bouncers


• infant bathtubs


• portable toddler bed rails


• infant slings

Continue reading "Danny's Law Changes Recalls for Parents" »

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 " »