Fort Lauderdale Criminal Defense & Personal Injury Attorneys
Electric Scooter Accidents in Fort Lauderdale Likely the Fault of Scooter Companies

Electric Scooter Accidents in Fort Lauderdale Likely the Fault of Scooter Companies

With electric scooters popping up everywhere, injuries to riders have become common. South Florida emergency rooms are flooded with individuals who have reported serious injuries, in some cases requiring critical care. There has been at least one tragic death in Fort Lauderdale on April 12, 2019. Many cities have banned these scooters, but Fort Lauderdale and other cities in South Florida still allow them.

Misreading the Fine Print

Some of the companies who offer scooter rentals have had user agreements (fine print, agreed to with the click of a button through their app) that require users to drive these scooters only on the street. This is not only more dangerous than driving a scooter on the sidewalk, but also illegal. City ordinances in Fort Lauderdale and elsewhere prohibit the use of electric scooters on roadways.

This creates a complicated legal situation: the scooter company, by directing a rider to engage in dangerous behavior in violation of a statute, may incur liability for a rider’s injuries by the wording of their terms of service agreement. When a company violates a statute, and that violation causes an injury to a member of the class of people the statute is designed to protect, negligence Per Se can result. Negligence Per Se is a legal doctrine that makes proving negligence much easier for the injured person.

Of course, a city ordinance is not a statute, but the same principle arguably ought to apply. It seems rather obvious that the people who stand to be hurt by riding an electric scooter on the road are the riders of the scooter, not the drivers of the car. Scooters companies, which are tech companies like Uber with valuations in the millions or billions of dollars, certainly have the resources to read the law in the areas they operate to make sure they are compliant.

Why Injured Riders Turn to Rudenberg & Glasser, P.A.

Rudenberg and Glasser, P.A. is always thinking outside the box to utilize legal arguments that insurance companies and their lawyers don’t see everyday—or, that have never even been made before. By showing that we are aggressive and attentive to the details of our clients’ cases and the law, defendants know we mean business. And, if a drawn out courtroom battle is necessary, they know we will not make it easy for them.

We believe that only by working harder and smarter can a law firm get maximum value for its clients. We strive to embody this mission statement with each case and client we represent. Give us a call to hear what we can do to maximize the value in your case.

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