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Miami Personal Injury Law Blog

Craigslist accused of 'irresponsibility' over defective products

Despite the government and media attention given to defective products, many consumers in Florida and around the country unknowingly find themselves using potentially dangerous and even deadly products. That problem was examined in a recent "ABC News" report on what it termed "recall roulette." That referred to the fact that whether consumers ever find out about a recall is often a matter of chance.

In that news report, Elliott Kaye, chairman of the U.S. Consumer Products Safety Commission, called the website Craigslist "morally irresponsible" for not taking appropriate action to block the sale of recalled products on its site. This, he said, was despite "repeated requests" from the CPSC. He noted that eBay and Amazon have filters to block these products from being offered for sale.

Faulty strollers recalled after reports of fingertip amputations

Parents in South Florida and around the country heard alarming news recently involving strollers manufactured by Graco Children's Products. The company, as we discussed here, was in the news earlier this year for problems with its car seats. Now, it has recalled approximately 4.7 million of its strollers in the U.S. Over 200,000 additional strollers have been recalled in Canada and over 10,000 in Mexico. The recall impacts 11 models sold under the brand names of Graco and Century.

The reports of injuries to children are truly disturbing. The company has reportedly been notified of six fingertip amputations, four partial amputations and one laceration caused by a folding side hinge on the stroller.

Beware of arbitration clauses in Florida nursing home contracts

People faced with the sad but often necessary task of placing a loved one in a Florida nursing home often find themselves consumed with a variety of emotions. Consequently, they may not take the time to read the fine print in the facility's contract. Even if they do, few people outside the legal profession have the knowledge to understand all of the language.

Many nursing home contracts contain an arbitration clause. Such clauses, which are common in cable and cellphone contracts, stipulate that a customer cannot take the company to court. Instead, any case they bring must be decided by a private arbitrator. That may not seem like a serious problem if you want to take action against your cellphone provider. However, the stakes are much higher in nursing home care.

Bicyclist Run Over by Truck, Killed on U.S. 27 in Weston

A bicyclist was struck by a tractor trailer Sunday morning on U.S. 27 in Weston. The fatal accident happened at about 8:30 a.m. when a group of about 300 cyclists were riding north on U.S. 27 about a mile south of Interstate 75.

The man who was wearing a helmet, was airlifted to Broward Health Medical Center with traumatic injuries. He later died. The tragedy happened as people in accompanying vehicles waved traffic to pass the bicyclists in the slow lane, according to the Broward Sheriff's Office.

Several riders then collided in a chain reaction and Miguel Aviles, 47, of West Miami-Dade fell in front of a passing truck's two rear tires. He died at the hospital.

Source: The Miami Herald November 17, 2014 - To read more click here.

Lab mistakes can be as dangerous as physician errors

Many of us in Florida feel confident that we know and trust our doctors and the medical facilities where we receive health care. However, we are still required at times to place our health and our lives in the hands of people and entities we will never see. Among the most important are laboratories and the people who work there.

We rely on labs to test blood and other samples, examine biopsied tissues and cells and do genetic testing. That's why our firm's medical malpractice cases include actions involving laboratory errors.

Supplements and medications can be a deadly mix for Floridians

We hear a lot about interactions between various prescription medications or between those drugs and over-the-counter medicines. However, many Floridians don't consider the possible negative effects of taking dietary supplements, including vitamins and minerals, while on prescription meds. According to a 2005 to 2008 study by the U.S. Centers for Disease Control and Prevention, a third of respondents reported taking at least one dietary supplement along with a prescription medication.

According to the U.S. Food and Drug Administration, taking dietary supplements while also taking prescription meds can be dangerous and even fatal. In some cases, supplements, even so-called "natural" or herbal ones like St. John's Wort, can lessen the effect of the medication. In other cases, supplements can increase the medication's potency.

Florida parents can see safety rankings of new car booster seats

If you have or care for children, you know that one of the most important safety features in your vehicle is the child safety seat or booster seat. Choosing the best one can be confusing. One place to look for recommendations is the Insurance Institute for Highway Safety. Although known for its testing and rating of vehicle safety, the IIHS also evaluates and ranks booster seats. It recently released a new list of its top-rated booster seats.

Booster seats are typically used by children between 4 and 8 years old. However, the IIHS cautions that the child's height and weight are more important indicators of whether to use a booster seat and which one to select.

Pedestrians and bicyclists can be at risk on Florida streets

One of the many advantages of life in Southern Florida is being able to bicycle, walk and skate all year long. For some people, these activities provide fun and exercise. For others, they are an inexpensive, environmentally-friendly way to get around town.

However, people who get around on bikes, skates and by foot often have to share the streets with car and truck drivers as well as motorcyclists. That can be a recipe for danger. In fact, the rate of pedestrian fatalities in our state is one of country's highest, according to the Florida Department of Transportation.

Lawmakers, regulators call for urgency on faulty airbag fixes

Ten major automakers have recalled 11 million vehicles in the U.S. due to faulty airbags made by Takata. The defect can cause the airbags to rupture and spray out parts. So far, the ruptures, which can occur in minor collisions, have been linked to over 30 injuries and several fatalities.

In October, the National Highway Traffic Safety Administration urged consumers to have their airbags fixed immediately. However, there were not enough parts available to make those repairs when the alert was announced, meaning that consumers could potentially have to wait months to have their airbags repaired. NHTSA's response to the potentially-fatal defect got the attention of Congress and others in government, including the Department of Transportation, which says it will review the safety agency.

How can Florida parents keep up with children's product recalls?

Having a child in the 21st century means buying no end of products, including cribs, high chairs, car seats and of course, a seemingly-endless supply of toys. We have seen a number of recalls in recent years involving children's products. While recalled products are generally removed from stores and online retailers' selections, what happens if you already have the product? How is a parent to keep up with the recalls and help ensure that their little one is not using a potentially-dangerous product?

When you purchase a product, complete and submit the registration information. This will help the manufacturer contact you in case of a recall.

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