Chattanooga Law Blog

After a storm or disaster, be careful using portable generators

On behalf of Summers, Rufolo & Rodgers posted in Defective Products on Thursday, September 24, 2020.

A portable generator can be a life-saver after a big storm, but it's crucial to use it correctly. The problem is generally carbon monoxide. This colorless, odorless gas can easily build up in enclosed spaces, and exposure to a high enough level can be fatal in minutes.

Unfortunately, many people do not realize that portable generators must be used outside. They should be placed at least 20 feet away from any door or window -- never on a porch or patio. They should never be used in an attached garage, even with the adjoining door closed. They should never be used in any indoor space. Also, you should never refuel one while it is running.

Your Tesla's Autopilot won't keep you from getting a DUI

On behalf of Summers, Rufolo & Rodgers posted in DUI/Drunk Driving Charges on Monday, September 21, 2020.

Recently, a group of friends posted a Tik Tok video in which, apparently intoxicated, they headed down the highway at 65 mph. They were singing an old Justin Bieber tune and drinking what appeared to be alcohol from open containers. The driver's seat was completely empty.

That's because they were riding in a Tesla Model S and using the "Autopilot" feature. The Autopilot feature is a semi-autonomous driving assistant, however, not an actual autopilot. According to Tesla, owners should never rely on their Autopilot system to drive. A responsible, sober driver must be in the driver's seat, ready to take over should trouble arise.

What can you do to get your license back after a DUI?

On behalf of Summers, Rufolo & Rodgers posted in DUI/Drunk Driving Charges on Friday, September 18, 2020.

For many people, losing driving privileges after a DUI charge can be the most difficult consequence to deal with. After all, driving is most likely your primary form of transportation, whether you are going to work or getting groceries.

Unfortunately, you cannot just take to the road again once the revocation or suspension period is up. There are several requirements you must fulfill to regain your driver's license and driving privileges.

Storm damage? Beware of asbestos exposure during cleanup

On behalf of Summers, Rufolo & Rodgers posted in Mesothelioma on Tuesday, September 15, 2020.

With heavy storms and the remnants of hurricanes likely, it's important to remember that many structures may contain asbestos. The microscopic mineral fiber can lie quietly in your home or building for decades but can become even more dangerous once disturbed.

Inhaling asbestos fibers can cause several deadly diseases, including asbestosis, mesothelioma and lung cancer. You probably won't know if you inhale asbestos fibers, and the symptoms of these diseases may not arise for decades. It is crucial to avoid exposure to asbestos.

Over-the-counter medicines, including CBD, could impair driving

On behalf of Summers, Rufolo & Rodgers posted in DUI/Drunk Driving Charges on Monday, September 14, 2020.

Did you know you can be arrested for DUI if you drive while impaired by legal, over-the-counter medications? It's true that some OTC medications can impair your driving, especially in combination with other medicines or with alcohol. If any substance impairs your driving, you can be charged with DUI if you drive while under its influence.

Could you be labeled a 'high-risk impaired driver'?

On behalf of Summers, Rufolo & Rodgers posted in DUI/Drunk Driving Charges on Friday, September 11, 2020.

The Governors Highway Safety Association (GHSA) is an influential group that advocates for state-level policy changes that address roadway safety. The GHSA has been working to address the way DUI is prosecuted and punished in the U.S.

Study: 1 in 5 nursing homes face severe PPE and staff shortages

On behalf of Summers, Rufolo & Rodgers posted in Nursing Home Injuries on Tuesday, September 8, 2020.

People in nursing homes make up less than 1% of the U.S. population. However, they account for 43% of all COVID-19 deaths, according to the COVID Tracking Project. Our loved ones are very vulnerable to this disease, and adequate staffing and personal protective equipment (PPE) are essential to their care.

A new study found that around 20% of nursing homes reported severe PPE and staffing shortages this summer, and that number did not get much better over time.

Labor Day high-visibility DUI enforcement runs through Sept. 7

On behalf of Summers, Rufolo & Rodgers posted in DUI/Drunk Driving Charges on Friday, September 4, 2020.

According to the National Highway Traffic Safety Administration (NHTSA), Labor Day weekend is one of the most dangerous times on U.S. roads in terms of drunk driving. Therefore, law enforcement agencies around the state and across the nation will be participating in high-visibility DUI enforcement through Sept. 7.

Bayer to settle US Essure contraceptive claims for $1.6 billion

On behalf of Summers, Rufolo & Rodgers posted in Defective Drugs on Tuesday, September 1, 2020.

Conceptus, Inc.'s product Essure was an implantable contraceptive device used by millions of women in the U.S. and abroad. Germany-based Bayer AG acquired Conceptus in 2013 for $1.1 billion. In 2016, the FDA required a safety warning on Essure's label and Bayer stopped selling it in 2018.

Unfortunately, thousands of women experienced adverse effects using the now-withdrawn device. Many claimed it caused excessive bleeding, pelvic pain, migraines, organ damage, unintended pregnancies and miscarriages. Many of those women claim that Essure remained on the market despite these adverse consequences because Bayer and Conceptus failed to properly report injury complaints linked to the product.

When a dangerous or defective product gets sold on Amazon, who is liable?

On behalf of Summers, Rufolo & Rodgers posted in Defective Products on Monday, August 31, 2020.

Under products liability law, anyone involved in the sale or distribution of a dangerous or defective product may be considered strictly liable for any harm that product causes. "Strict liability" basically means that the injured person need not prove the company was negligent. It is enough that they sold or distributed a faulty product that harmed someone.

Yet when dangerous or defective products have been sold on Amazon.com, the company has long resisted being held accountable. Sometimes, Amazon has argued that it is not actually a party to any sale or distribution of products. Instead, it claims it merely provides a platform for buyers and sellers to connect.