Kentucky Coal Dust Mask Lawyer
Coal has played a key role in our nation’s history. For hundreds of years coal has been a source of heat, and electrical plants have used coal as a source for millions of people across the globe. According to the U. S. Energy Information Administration, in 2013, Kentucky provided in 8.2 percent of our nation’s coal. In turn, many people are and have been employed as coal miners across our state and fueled Kentucky’s economy.
The problem has been when hard-working miners have defective equipment and suffer injuries from coal mining. According to the Courier-Journal, more than 75,000 coal miners have died due to black lung causing or contributing to their deaths since 1968.
Manufacturers, Wholesalers, Distributors and Retailers Liable for Defective Coal Masks
In 2005, the lawsuit, Seward v. Minnesota Mining and Manufacturing Co., et al (E.D. Ky. 2005) was filed in the Eastern District of Kentucky federal court regarding defective coal dust masks. U.S. District Court Judge Danny Reeves denied the Defendant manufacturing coal dust masks motion to dismiss the defective coal dust mask lawsuit. Judge Reeves stated that there was a connection between the Kentucky Defendant who sold the defective masks and the Plaintiff suffering, at that time, black lung disease.
Judge Reeves cited the Kentucky state statute, K.R.S. A. 411.340, the Kentucky Middleman Statute. The Kentucky Middleman Statute deals with product liability. People who have been in car accidents have sued and successfully recovered for damages when their seat belt broke during the collision. In a similar fashion, let us suppose a Kentucky coal miner has a defective coal dust mask and develops black lung disease. The distributor in Kentucky and the manufacturer either in Kentucky or elsewhere in the United States can be held accountable for damages.
The Kentucky Middleman Statute states that a “…wholesaler, distributor or retailer who breaches an express warranty or knew or should have known at the time of distribution or sale of such product that the product was in a defective condition, unreasonably dangerous to the user or consumer”. The key is that coal mining companies should have quality, effective coal mining masks with warranties and are of the most reliable value. Furthermore, coal mining companies must adhere to K.R.S.A 352.020 that was passed on June 24, 2015. This state law specifies that coal miners must have adequate ventilation.
Contact a Kentucky Injury Lawyer Today
If you, a family member, relative or friend suffers from black lung, call D. Tyler Roberts at (859) 231-0202. The Roberts Law Office, PLLC excels in obtaining the compensation you or loved ones deserve if you or they suffer from black lung. The Roberts Law Office’s website explains the importance of representation for black lung. Roberts Law Office is led by attorney D. Tyler Roberts who founded the law firm in 2012. If you think that you may have a coal dust mask claim, you can contact Roberts Law Office by phone or by submitting your contact information at the law firm’s contact page.