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Charleston Legal Blog

What type of cancer does baby powder cause?

You have been using baby powder, or talcum powder, for as long as you can remember. You always assumed it was safe. Then you started hearing that it could cause cancer and could be fatal.

You're shocked, but your first inclination is to look into the specifics. What type of cancer can it cause?

Does bankruptcy stop foreclosure?

You may have heard people say that bankruptcy is one way to stop foreclosure. If they get the foreclosure notice in the mail, they assume they can just declare Chapter 7 or Chapter 13 to put an end to it.

This is a misconception. Bankruptcy, of either type, does not stop foreclosure.

Studies find sick people are contaminated with glyphosate

If you ask Monsanto, the company that was recently bought by Bayer and that makes the popular weed killer Roundup, you will probably hear that Roundup is safe. They have been saying for years that it's fine to use it on agricultural products since it just kills things like invasive weeds and has no impact on people who then eat those crops.

However, for the past two decades, researchers have been studying the chemical to see if it is really safe. They can find it in water, in the air and in food. They warn that people get exposed to it all of the time, from a variety of sources. Is that chemical truly safe?

Eight-year-old loses his hand due to recalled fireworks

In Indiana, a boy recently lost his hand when he and another boy (12-years-old) found a broken Talon rocket firework. The two lit the firework and were injured by the explosion.

Nearly 25,000 fireworks have since been recalled for being overloaded with pyrotechnics. These pyrotechnics were intended to make the firework louder, increasing the audible effect. Instead, they caused a larger-than-expected explosion.

Drivers who can't pass bikes safely need to wait

Drivers may know that they are supposed to leave a safe buffer zone between themselves and a bike when passing the bicyclist. If a bike is moving the same direction, in the same lane, the cyclist has a right to that lane just like another motorist would. It doesn't matter that they're moving slower than traffic.

Since a responsible driver wouldn't try to pass a car or a motorcycle in the same lane, they shouldn't do it with a bike. They need to know that they can leave the proper amount of distance -- three feet in West Virginia -- between the side of the car and the bike.

After $2 billion verdict, Bayer wants reversal

Perhaps unsurprisingly, Bayer is not thrilled with the $2 billion verdict that went against them in a recent Roundup weed killer lawsuit in California. They have asked the judge for a reversal.

Essentially, the jurors found that a couple's cancer was in fact caused by Roundup. That led to a verdict against the company. Bayer now wants the judge to go against the jury and overrule their decision.

Repair qualifications for a 'lemon' car

A "lemon" is a car that is dysfunctional, even though you had no idea when you bought it. Clearly, cars do wear down over time, just like any other product. Repairs are expected. However, if the car is not up to the realistic standards for a vehicle, then you need to get your money back from the company that produced it. You have rights as a buyer.

How do you know if the car is not up to those standards? There are some repair requirements that have to be met. Specifically, under West Virginia law, the car needs to have a "substantial nonconformity" that you find after you make your purchase. You then have to use the warranty to try to have it repaired. If this is unsuccessful, despite a "reasonable" number of attempts and the car is still defective, then it may be a lemon.

What actions lead to boating accidents?

For many people, nothing sounds more fun and relaxing than spending a day out on the boat. Unfortunately, that pastime is not always nearly as safe or relaxing as you want it to be. Serious boating accidents happen every summer, and you could suffer life-changing injuries.

To help you avoid that outcome, let's take a look at some of the top reasons for boating accidents.

Is talcum powder without asbestos safe?

You have heard that talcum powder sometimes contains asbestos, which makes it very dangerous. If you breathe the powder in, the asbestos can cause cancer -- often, mesothelioma or lung cancer.

However, you already knew that asbestos was dangerous. This doesn't surprise you. You simply decide to buy talcum powder that has already been tested and that does not contain dangerous levels of asbestos. Is that a safe way to go?

How truck drivers can avoid fatigue and stay safe

When researchers looked at how often truck drivers crashed because of fatigue, they found that around 13% of them experienced fatigue during accidents. Clearly, they could see that driver fatigue played a serious role and put everyone -- those drivers, other drivers, cyclists, pedestrians and more -- in danger.

What can drivers do to avoid this? The Federal Motor Carrier Safety Administration says that they should:

  • Never drive when taking medication that makes them feel tired, especially if they already feel tired for other reasons.
  • Try to each healthy meals, as good nutrition can give them more energy. Simply trying to survive on extra cups of coffee may not be the way to go.
  • Avoid driving late at night, when the body is naturally tired, regardless of their sleep schedule.
  • Try to get a good night's sleep before any long days on the road. Trying to "gut it out" on a few hours of sleep may work in other professions, but it's just not safe for professional drivers.
  • Not try to trick their bodies. Some people think they can stay awake if they roll down the window or crank up the music, for instance, but that's no substitute for real sleep.
  • Not be afraid to stop and take a nap. Drivers need to know their limits and they need to know when to get off of the road.

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