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Miami Personal Injury Blog

New Ruling Bans Pre-Dispute Arbitration Agreements for Nursing Homes that Accept Medicare or Medicaid Funding

Until recently, a claim against a nursing home for abuse, neglect, serious injury or death would most likely be forced into arbitration. Many nursing homes request or require incoming residents to sign an arbitration agreement prior to admission. Once signed, the resident's right to a trial before a judge or jury is waived. In September, however, that all changed.

Help your child avoid injury this Halloween

As October kicks off, kids and parents alike are beginning to plan for Halloween: costumes, trick-or-treating routes. But no one plans on their child being injured by a driver during the holiday. According to Safe Kids Worldwide, twice as many child pedestrians are killed while on the streets during Halloween than on any other day all year. And 12 percent of children 5 or younger are permitted to trick-or-treat alone!

In 2015, there were an estimated 41 million trick-or-treaters out during Halloween night. Whether your child is planning on going out with you or friends, or you're a homeowner or driver that wants to do your part in keeping Halloween safe, there are many safety issues to be aware of.

3 Potential Dangers of Self-Driving Cars

Inventors are always looking for ways for technology to make our lives a little easier. Imagine sitting in a traffic jam or on a long road trip and being able to catch up on work, watch a movie or take a nap while your car does all the driving for you. That's the direction we seem to be moving in with the introduction of the self-driving car.

While we know that technology isn't perfect, we also know that new technology in particular seems to come with its own set of issues and a serious learning curve. Such is the case with the death of the driver of an autonomous Tesla vehicle that was killed after the car's autopilot system didn't recognize the white side of a tractor-trailer.

Study finds Pit Bulls less aggressive than Chihuahuas

Believe it or not, the often feared American Pit Bull Terrier has been rated as less aggressive than the tiny Chihuahua in a study by Dognition. Chihuahuas were the most aggressive dog, while Pit Bulls ranked toward the bottom of the 35-breed list.

"Seldom aggressive" dogs

In the study conducted by Dognition, pet owners were asked how aggressive their dog is in a variety of situations. More than 4,000 people with dogs responded, noting their dog's reactions in situations like new or familiar children and adults and when they encounter another dog that is new, familiar, bigger or smaller.

Samsung Galaxy Note 7 Recall Focuses on Safety of the Lithium Ion Battery

The Samsung Galaxy Note 7 is getting a lot of media attention recently and it's not because of a sleek new design or technology upgrades. The phone is being recalled due to a fire hazard caused by the lithium ion battery severely overheating and catching fire.

Battling the Risk of a Lithium Ion Battery Fire in Samsung Galaxy Note 7

To date, Samsung has received 35 complaints related to the issue with the battery. For example, in one instance in Florida a family reported that the Galaxy Note 7 exploded thus setting their car on fire. As a result of claims such as this one, owners of the device have been asked to power them down and to not use or charge them.

How Common are Construction Accidents and Fatalities?


Working in the construction industry opens an individual up to many potential injuries. Construction workers are often using heavy equipment, working more than twenty feet off the ground, or working with or near high voltage machinery. Danger is ever-present. But, just how prevalent are construction accidents? According to OSHA, there were 899 fatal construction incidents in 2014. Those fatalities accounted for 17 percent of all U.S. work-related deaths that year.

What You Need to Know About the American Spirit Cigarette Lawsuit

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American Spirit is a cigarette company that has been in business for more than 30 years. Throughout these years the company has advertised having "natural" and "additive free" cigarettes, both boxed and self-rolling types, and many have trusted in the company's standard. However, recently the dangers that American Spirit products pose has come under the microscope in class action lawsuits.

While it is common knowledge that tobacco products are dangerous and have a list of ingredients that could strip the paint off a wall, including such things as contents of nail polish remover and rat poison, smokers still seek out "safer" tobacco products. The integrity of a company like American Spirit was of importance to smokers who chose the brand due to its advertising.

Traumatic Brain Injury is a Big Concern for Kids on the Field or the Playground

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School is back, and that means so are fun activities like Phys. Ed., team sports, and playground recess. Both public and private schooling systems from elementary to high school have incorporated a variety of organized sports for children to join. With playing games also comes the risk of sustaining personal injury in school due to a multitude of factors. 

Distracted Walking is a Danger to Kids as They Head Back To School

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As school gets back in session, parents have lots to think about when it comes to keeping their kids safe. We know that distracted driving is a major issue for teens, but did you know that pedestrian accidents caused by distracted walking is also a very real danger?

A study done by Safe Kids Worldwide found that one in five high school students and one in eight middle school students crosses the street while distracted. These distractions included typing on a phone, listening to music, talking on the phone, or using an electronic device such as a tablet.

Uber Hasn't Made an Impact on Drunk Driving Deaths

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Ride sharing has become popular among people who live in heavily populated regions and metropolitan areas. Two of the most common carpooling companies are Uber and Lyft. In theory, the idea behind being able to call someone to come and pick you up is seemingly useful; especially in situations where excessive drinking may have been involved. Unfortunately, a new study has shown that even with the development of these third party ride-sharing companies, the impact on fatal drunk driving has been little to none.

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