Florida Injury Lawyer Blawg

Published on: August 14, 2020

Open Letter to Florida Bar Members Young Lawyers Section

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Dear Colleagues:

Justin Shapiro joined our firm in February 2010, as a law clerk, and in 2011, after graduation with magna cum laude honors from the University of Miami School of Law, he became an associate. Of course, no one knew where that would lead, but he was ambitious, attentive and immediately welcomed into an established culture of achievement for over 40 years at Leesfield & Partners. Then, as now, we emphasized the values of inclusion, communication, teamwork and a commitment to our clients and the Firm’s outstanding results.

A 40-year learning path is not insignificant, especially, when Justin and so many others here have adopted our value system directed towards professional growth and community involvement. So, Justin worked long, hard hours, he paid attention, he cared, he started a family (a wife and two beautiful children), he did not complain, he took care of our clients and treated our traditions with respect and concern. In short, he paid his dues.

Published on: August 5, 2020

Miami’s latest construction incident quickly blamed on alleged crane malfunction leaves many unanswered questions

By Leesfield & Partners

At 830 Brickell Plaza, home of the future second tallest building in Miami (57 floors and 724 feet tall), a horrific incident occurred at the construction site. Reports relay that six construction workers were injured when a crane carrying a heavy load of rebar malfunctioned and crash to the ground. The steel bars were being transferred from a flatbed of an 18-wheel truck when the crane gave way. This resulted in several worked becoming trapped under the rubble, and at least two of them were impaled by the steel bars.

830-Brickell-Plaza-300x142 For every construction site incident, OSHA is in charge of the official investigation and will have “final say” in determining the causes or contributing factors. In parallel, every single company working at the side will also launch their own private investigation, which undoubtedly will point to additional or different results. Such is the reality of construction cases when you have layer upon layer of different subcontractors.

Ultimately, we will all come to an understanding as to what happened and how it happened. Incredibly however, within hours of the incident, Miami Fire Rescue Lt. Pete Sanchez declared that “something malfunctioned and it came loose”. While we all understand this statement is hardly buttressed by any physical evidence, it is solely based on second- or third-hand knowledge, likely to have come from a company statement, either the general contractor, or the subcontractor who employs the crane operator. It is important to stress upon the reader that construction site incidents take years to fully investigate and that rushing to make an out-of-bounds statement, when the dust has not even settled, is irresponsible at best.

Published on: June 25, 2020

Open Letter to Florida Bar Members of the Solo and Small Firm Section

By Leesfield & Partners

Dear Friends:

Drawing1_resize Our firm, concentrating on personal injury and wrongful death cases over the past 46 years, has always been six lawyers or less. The flexibility smaller firms enjoy has never been more important. The COVID crisis requires thinking and re-thinking our business plans.

Responding to the special development needs of our practices, may we offer some specific suggestions that may be worth considering during these challenging times?

Published on: March 10, 2020

Scooter-sharing service becomes latest dangerous quasi-uninsured pollutant on Miami roadways and sidewalks

By Leesfield & Partners

At the beginning of 2020, a new moped-sharing company was authorized to launch in Miami. South Florida became the latest theater of operation for the Brooklyn-based company, Revel, which is already operational in five States across the country. The app-based business that launched about a year ago is in full flurry and joins the e-scooter businesses that have been allowed to operate across countries and continents for three years.

While the ability to rent a fast-moving mobility vehicle at your fingertips sounds exciting, the disregard to the public’s safety remains incredibly unchecked. As a result, there has been an incredible increase in untrained riders sharing the road with bicyclists, pedestrians, and other motorists. Much like its predecessors, Revel offers its customers the possibility to rent and ride a moped 24/7 by simply using their free phone-app. The app requires riders to be 21 with a valid driver’s license and a credit card. The app offers free lessons to beginners and requires that all riders wear a helmet included with the scooter.

A quick review of the Help section of the company’s website describes that Revel revokes the $25,000 liability insurance if the rider does not to wear a helmet (It is legal in Florida to ride a 2-wheel vehicle without a helmet if you are over 21). In other words, if a helmet-less Revel rider hits you while crossing the street, Revel will not cover for your injuries, despite their permissible driver’s negligence. Rather, Revel tells us that the rider’s car insurance policy will step in its stead. All good now? Not quite. In Florida, a moped is always excluded from car insurance policies, which means that you were just injured by an uninsured driver. As the victim, you are now responsible for your own medical bills and there is nothing you can do about it.

Published on: April 8, 2019

CPSC Warning Issued for Fisher-Price Rock ’n Play sleeper after tenth infant death is not enough

By Leesfield & Partners

On April 5th, the Consumer Product Safety Commission (CPSC) issued a warning to consumers about the Fisher-Price Rock ‘n Play after another infant death, the tenth tragedy in less than 4 years.

The statement warns that infants aged 3 months or older, who are able to roll over while seated unrestrained in the Fisher-Price sleep, will be able to turn to their stomach or on their side and suffocate. CPSC recommends consumers to stop using the product when the infant is three months of age, or as soon as an infant exhibits rollover capabilities.

Needless to say, additional steps must be taken to reach as many consumers as possible. Many parents will continue to use the product unless Fisher-Price reaches out to or attempts to reach out to all of them.

Published on: February 25, 2019

The E-bike Epidemic – Op-Ed by Ira H. Leesfield

By Leesfield & Partners

The E-bike Epidemic.

Like disease bearing mosquitos, E-bikes have taken over the safety and tranquility of the American modern city. They are everywhere, left randomly on streets, sidewalks and alleys, littering our cityscape with unsightly and unusual dangers. If you haven’t noticed, greed and stupidity have invaded your everyday life, with a strong promise to make your locomotion more dangerous, fill the emergency rooms with foreseeable hazards, and threaten the overall well-being of the public to fill the coffers of some and the thrills of others.

Why the E-bike? There is no good explanation! Under the present regime, this motorized and bastardized “bike” can travel at speeds up to 30 mph. But, travel where and driven by whom? There is no designation or provision as to where these insects may go or land. Do they belong on the street, the sidewalk, in bike lanes, shopping centers, parking lots, malls, or just anywhere they please… Again, no rules! Can they be driven by an 8 year-old, an 80 year-old, is there training, instruction, guidance, rules or requirements for operation? Again, no!

Published on: December 7, 2018

Airbnb’s vicarious liability and failures to vet dangerous hosts and properties

By Leesfield & Partners

After the horrific murder of Miami-resident, Carla Stefaniak, for which the security guard of the Airbnb where she was staying was arrested, it seems clear that Airbnb continues to fail its self-declared standard: “Your safety is our priority”

Assaults at Airbnb’s are unfortunately not uncommon. So much so, that a website called airbnbhell.com was created in 2013 and guests have been posting horror stories ever since, a lot of them involve violence and sexual assaults.

The fundamental problem with Airbnb’s business model is that Airbnb’s website funnels guests toward properties that were not vetted. And when the unthinkable happens, guests are not covered under Airbnb’s insurance because they fell victim to an intentional act, which is a known insurance coverage exclusion. These compounding failures and acts of negligence make the entire online hospitality services business model inherently flawed and utterly dangerous.

Published on: December 6, 2018

Protect children against furniture tipping-over. Anchor it!

By Leesfield & Partners

In the Spring of 2018, Leesfield & Partners launched a new initiative to raise awareness of the dangers of furniture tipping-over on toddlers and young children. Following the settlement of a horrific wrongful death case against a furniture manufacturer on behalf of a mother who lost her child in a tip-over tragedy, the facebook page @FurnitureTippingOver was created. The new page provides statistics, helpful information and preventative ways parents can use to make their children’s environment safer.

Launched this week, the new campaign “Protect Children – Anchor it!” reminds us all that every 17 minutes, a child is injured in a tip-over incident at home.

Help us in raising awareness by reposting and by demanding that furniture manufacturers join us in making our homes safer.

Published on: October 16, 2018

Florida Supreme Court Settles How to Determine the Reliability of Expert Testimony

By Leesfield & Partners

On October 15, 2018, the Florida Supreme Court issued its Opinion in DeLisle v. Crane Co., and held that the Florida Legislature exceeded its authority when it adopted Daubert by codifying it into Florida Law under chapter 2013-107, Section 1:

“With our decision today, we reaffirm that Frye, not Daubert, is the appropriate test in Florida courts.”

In reaching this decision, the High Court reiterated the long-established arrangement between the branches of Government to avoid constitutional questions of separation of powers.

Published on: September 20, 2018

The family of Zachary Jackson retains Leesfield & Partners to investigate and potentially file a lawsuit against the Dodd Family Daycare

By Leesfield & Partners

zachary-jackson It has now been two months since the horrific death of 9-month old Zachary Jackson. In the afternoon of July 17, 2018, Zachary was found unresponsive inside the home of Joseph and Debbie Dodd. Earlier that day, Zachary’s mom had dropped her infant at the Dodd Family Daycare, in Clermont, Florida. That was the last time she saw him alive. At 4:22 p.m., when Zachary was discovered, he was in a car seat, blue, and unresponsive.

Today, the Lake County Sheriff’s Office continues to investigate what happened inside the home that caused Zachary’s death. The owners of the daycare were also interviewed by DCF investigators immediately after this happened. The Dodds said that earlier in the day Zachary tried to climb out of his playpen and fell, however their story did not match Zachary’s injuries.

Leesfield & Partners spoke exclusively with Amanda Castro of ClickOrlando.com about this situation and released the following statement on behalf of the family: