Florida Injury Lawyer Blawg

Published on: April 16, 2024

48 Years of Growth through Quality – Leesfield & Partners, P.A. leads Florida Personal Injury Practice!

Dear Friends, Colleagues and Clients:

Good news as we enter our 48th year! We now added three trial lawyers and one appellate lawyer to assist in our quality service to you, your clients and contacts. Over the years, we have developed one of Florida’s most diverse personal injury practices in State and Federal Court, working with lawyers and strategic alliances in every state. Your loyalty is appreciated as we go forward with our commitment to bringing the highest and best results possible.

Over four decades, and in recent years, we have forged unique and groundbreaking theories of law in practice areas that have helped thousands of clients recover for the harmful acts of others. For instance:

Published on: February 27, 2024

E-Bikes banned in Key Biscayne following tragic wrongful death incident of bicyclist – A call for legislative action

By Leesfield & Partners

Man-on-e-bike-300x200 A recent accident in Key Biscayne, Florida, involving a 12-year-old riding an e-bike and a traditional bicycle, tragically resulted in the death of the bicyclist, Megan Andrews, a career-educator and pillar in the community. This incident has once again brought the dangers of e-bikes, particularly when operated by younger riders, into sharp focus.

Key Biscayne’s local leaders, under massive public pressure, approved a temporary complete ban on e-bikes during an emergency meeting. The temporary ban will be in place for 60 days, the maximum length of time the Village could approve without running afoul of the law. The ban applies all roads of the Village of Key Biscayne except for Crandon Boulevard (the main and highest-traffic roadway of Key Biscayne) because it is owned and regulated by Miami-Dade County.

Electric bikes, or e-bikes, have become increasingly popular in the entire country, including Florida. However, when it comes to children using e-bikes and the dangers they bring, the legislator has dropped the ball miserably by failing to address crucial safety concerns:

Published on: January 16, 2024

Lawsuit filed against AirBnb and Homeowner in pool drowning case

By Leesfield & Partners

In 2022, the 2-year-old child of our clients drowned in the swimming pool of a Central Florida house the family rented on AirBnb’s platform. It took less than a minute before she was pulled out unconscious, and despite the medical team’s every effort to keep her alive, she tragically died weeks later. The investigation revealed that the house was not equipped with a compliant child safety fence, and as a result, Leesfield & Partners Partners, Thomas Scolaro and Adam Rose, filed a lawsuit against multiple parties, including the owner of the home located in Osceola County and AirBnb.

In the recent past, Leesfield & Partners has litigated several pool drowning cases with liabilities resting on property owners, pool contractors, and property managing companies. In one South Florida case that resulted in the drowning of a toddler, Ira Leesfield and Thomas Scolaro were able to secure a seven-figure settlement against multiple defendants for the inadequate installation of a defective pool fence.

Florida Laws and Local Regulations

Published on: December 12, 2023

Leesfield & Partners Secures Eight-Figure Recovery in Confusing Highway Construction Case

By Leesfield & Partners

Over the last 47 years, Leesfield & Partners has led verdict and settlement recoveries in road construction cases throughout the state of Florida. In every road construction case, a rapid response is necessary and paramount for our team of investigators and experts, as well as, our firm’s road construction litigation division, to take vital witness statements, and obtain documentary, video and photographic evidence. The importance of acting quickly and decisively cannot be overstated. To respond quickly, Leesfield & Partners maintains offices at strategic locations throughout the State of Florida, including an office in Key West since 1987.

Below are recent results our team has obtained in road construction cases on behalf of our injured clients and their family:

Confusing highway construction case ends in eight-figure result

Published on: November 15, 2023

Leesfield & Partners and the Leesfield Family Foundation continue to support Give Miami Day and The Melissa Institute

By Leesfield & Partners

Early Giving is now OPEN!

Join the giving club early. You can donate funds or time now through Give Miami Day!

Give Miami Day, the annual philanthropic event that serves as a pivotal platform for charitable giving and community engagement in Miami, Florida, is NOW!

Published on: October 26, 2023

Decorative Fountain Electrocution Tragedy Ends in $10 Million Settlement

By Leesfield & Partners

Attorneys Ira Leesfield and Thomas Scolaro represented the family of a young girl who died of electrocution while playing miniature golf. The 11-year-old’s golf ball ended up in a small water pond, when she reached inside the pond in an attempt to retrieve her ball, she immediately started to scream. Another guest jumped to her rescue and tried to grab her by the arm to pull her out but they too became injured as soon as they touched her.

The tragedy for the family was in fact an incomprehensible act of negligence committed by the owners and employees in charge of maintenance. Leesfield & Partners’s inspection and investigation revealed an improper replacement and installation of electrical breakers. State and local regulations mandate the use of ground fault interrupter (GFI) breakers for all water features like the pond in question. The inspection of the wiring and the electrical pump uncovered that non-GFI breakers were employed, which resulted in the water to become electrified, unbeknownst to all, including our fatally injured young client who was on vacation to celebrate her 11th birthday.

Within nine months, several inspections were conducted, lawsuit was filed, depositions were taken, and the case was settled for $10,000,000.

Published on: June 28, 2023

Insights from Leesfield & Partners: HB 837 and Its Implications on Personal Injury

By Leesfield & Partners

On June 21, 2023, Attorney Michael Shepherd of Leesfield & Partners delivered a comprehensive Continuing Legal Education (CLE) presentation concerning HB 837, Florida’s recent tort reform legislation, to the esteemed members of the Coral Gables Bar Association. In his capacity as a newly elected board member of the association, this speaking engagement served as an exceptional opportunity for the attendees to acquaint themselves with Mr. Shepherd and his legal practice. michael-shepherd

During his discourse, Michael provided an insightful analysis of the implications of the new law on his personal injury practice, along with the strategies he employs to overcome potential challenges encountered by Florida personal injury plaintiffs. Notably, he addressed the novel frameworks introduced by section 768.0427 for the calculation of damages, shedding light on pertinent aspects such as changes to negligent security law and the concept of comparative fault.

Furthermore, he elucidated the additional prerequisites for pursuing a bad faith claim against insurance companies as stipulated by the legislation. Of considerable importance, Michael dedicated a significant portion of his presentation to the contentious issue of the potential retroactive application of HB 837, offering the audience two contrasting trial orders that exemplified opposing viewpoints. This engaging session was followed by inquiries from the attendees, including queries pertaining to the inclusion of instructions related to comparative fault in jury deliberations, as well as the prospective impact of HB 837 on litigation costs incurred by injured plaintiffs.

Published on: June 16, 2023

Country’s Leading Carbon Monoxide Law firm Secures Eight-Figure Settlement

By Leesfield & Partners

Leesfield & Partners recently represented a couple exposed to carbon monoxide while on vacation in a foreign country. Despite numerous legal obstacles, an eight-figure settlement was secured in less than nine months. This is the latest of several CO exposure cases this firm has handled recently, an area of personal injury that requires creative legal strategizing and extensive legal experience.

What is Carbon Monoxide?

Carbon monoxide poisoning arises when one breathes in carbon monoxide, a poisonous gas devoid of scent, flavor, and hue. Even minimal exposure can have various effects on an individual, leading to fatigue, headaches, nausea, and vomiting. Prolonged exposure to carbon monoxide over a substantial duration can give rise to grave symptoms and health hazards, such as loss of consciousness, permanent brain damage, and fatality.

Published on: April 20, 2023

Leesfield & Partners seeing an increase in drop-fire cases due to defective pistols

By Leesfield & Partners

Leesfield & Partners has represented many clients injured in drop-fire cases against gun manufacturers. One of the many allegations included that the subject pistols had a design defect which caused them to fire without the trigger being pulled. The flawed designs were responsible for the accidental discharges, which caused death or catastrophic injuries to our clients.

One of the common design defects pertains to a crucial component that ignites the gunpowder in the cartridge, which in turn propels the bullet out of the barrel. That component is the firing pin. The firing pin is a small metal rod that is spring-loaded and sits inside the slide of the pistol. When the trigger is pulled, it releases the hammer, which then strikes the firing pin, causing it to impact the primer on the cartridge. The primer contains a small amount of explosive that ignites the gunpowder and propels the bullet out of the barrel.

In past cases, Attorney Thomas Scolaro was able to prove that the design defect was related to the firing pin releasing without the trigger being pulled -that it could happen whether the safety was engaged or disengaged, which is a separate design defect- causing the firing pin to impact the primer and discharge the firearm unintentionally.

Published on: March 3, 2023

Leesfield & Partners files lawsuit against Airbnb for death of one-year-old exposed to fentanyl during stay at high-end Palm Beach house

By Leesfield & Partners

MIAMI, March 3, 2023- Boris and Lydie Lavenir’s 19-month-old daughter, Enora, died while staying at an Airbnb in Wellington, Palm Beach County, Florida, in August 2021. The autopsy determined Enora died of Acute Fentanyl Toxicity which established that the toddler came into contact with a lethal dose of Fentanyl left behind at the Airbnb.

On August 6, 2021, Lydie, Boris, and their five children, including 19-month-old Enora, were visiting Florida for a family vacation. The Lavenir family booked a home on Airbnb located in Wellington, Florida. Upon arrival, they were greeted by co-Defendant Timpy who gave them access to the home.

After a quiet evening in the house, Enora spent the following morning playing throughout the house with her siblings. At around noon, Enora and her older sister laid down on the bed they were sharing to take a nap. When Mom checked on Enora later that day, she found her unresponsive, not breathing, with foam on her lips.