"Leesfield & Partners"

Published on: February 27, 2024

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

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: May 31, 2022

Captain in Fatal Parasailing Incident Charged with Manslaughter

By Leesfield & Partners

We previously reported it here, Leesfield & Partners represents the families of two fatally injured victims who died when they were parasailing near Key West in July 2020. The captain was charged with manslaughter for conducting parasailing activities in winds too strong under Florida Law. Early on in our investigation it became clear from the collected weather data and the testimony obtained later in the case that the operator should have cancelled all parasailing activities hours before the incident occurred. All signs of inclement, dangerous weather and gusty winds were present. The other two parasailing tour operators had cancelled their activities, but captain Andrew John Santeiro pushed through and exposed Nicholas Hayward, 36, and Azalea Silva, 29, to a grave peril.

The captain knew at the time that bad weather was coming for having observed a gathering storm on the other side of the island prior to embarking twelve passengers on his boat. Nonetheless, he disregarded the risk and pushed through. He also knew that the anemometer (instrument for measuring the speed of the wind) aboard the ship was broken and that he would have to rely solely on weather apps downloaded on his phone to obtain limited information. Not only does the phone fail to provide real-time reading, it also fails to provide accurate information relative to the precise location of the boat. To add insult to injury, captain Santeiro said he does not even remember checking the weather on his phone before the flight.

So he deployed the chute (wrong-size) with Nicholas and Azalea harnessed to it. Within seconds after sending them up, a gust of wind blew into the chute, almost capsizing the boat. In an instant, the towline broke, releasing the two passengers in flight to be dragged in the water by the inflated chute. At the same time, the towline snapped back into the boat’s propeller, leaving it dead in the water and unable to go rescue the couple stuck under water. Nicholas died at the scene, and Azalea died months later from her injuries.

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:

Published on: December 20, 2017

2017 – Leesfield & Partners’s “Cases from Other Places” and Our Own Backyard

By Leesfield & Partners

Leesfield & Partners, through its leading verdicts and results, has established a 43-year reputation representing injured clients throughout Florida, nationally and internationally. Our goal remains to resolve cases and bring financial security to injured clients. Representative of 2017 are the following results: (This is a partial list with the full compilation found in our website at this link)

A 14-year-old boy from Miami-Dade County who sustained extensive injuries to his leg caused by the defective bicycle bar handle manufactured in China. This case is set for trial.

A 61-year-old Miami Beach resident awarded $450,000 as a result of his toe being crushed and amputated when a negligently installed marble counter at a residential building collapsed on his foot.

Published on: October 13, 2017

Recreational Injuries and Verdicts Continue to Rise in spite of Deterrent Verdicts – $36.6 Million (October 10, 2017)

By Leesfield & Partners

This week, Partner Justin Shapiro won a $36.6 million verdict on behalf of the parents of a skateboarder struck and killed by a distracted driver. That skateboard verdict follows a very recent jet ski settlement in Key West by Justin Shapiro and other attorneys at the firm in the amount of $2.88 million. “In the last decade, recreational injuries from all sources have skyrocketed, in spite of our law firm’s attempts urging remedial and protective legislation” says, Ira Leesfield, founding partner.

Leesfield & Partners’s long-term interest in protecting the public from dangerous and unregulated recreational activities began over 25 years ago when Ira Leesfield took on the motorcycle and ATV industries, rounding up over $100 million in settlements and verdicts including a $19.8 million verdict against American Honda in Erie, Pennsylvania. The motorcycle sidestand defect has long been remedied. “3-wheeler ATV’s” have been totally replaced by the more stable 4-wheeler.

However, new activities and enticements have sprung up, including exotic water sports such as jet ski, parasailing, zip-lining, scuba diving, boating collisions, and an entire resort industry promoting “fun” while disregarding safety.

Published on: August 18, 2017

Negligent Security on the Rise in the Era of ‘Online Hospitality Services’

By Leesfield & Partners

Hotel, travel and tourism injuries rapidly increase with inadequate security and safety neglect on premises. Once again, Airbnb has been sued by a guest claiming another host at the property assaulted her. Of course, Airbnb and Vrbo do not do a background check which would have prevented this alleged sexual assault, nor do they have any security measures and typical keys, locks and door protection. This is a wide open area of vulnerability according to Leesfield & Partners Founding Partner, Ira Leesfield who chairs the American Association for Justice Resort Torts Litigation Group.

There are ongoing battle rages between the hotel/public accommodation industry and Airbnb about the increasing shift of travelers from traditional hotels to less protected “homey” environments.

Airbnb not only fails to check on the guest, but also does not run background check or security analysis of the host renters. The lawsuit filed by Leslie Lapayowker, and reported in The Guardian contends that a background check would have uncovered the fact that the owner had been arrested and charged with battery, and prevented from listing his property on Airbnb. The plaintiff alleges that she was held in a chair, against her will, as the host proceeded to masturbate in front of her.

Published on: March 6, 2017

Cases from other places and from our good friends here in Florida

By Leesfield & Partners

Steady growth and continued client satisfaction marks the 40th anniversary of Leesfield & Partners, as our statewide practice expands. This year, trial lawyers Mason Kerns and Adam T. Rose joined the Leesfield & Partners team.

The firm continues to serve the State of Florida as our offices from Key West and Central Florida attract local and out-of-state business. A recent influx of clients and cases from the great state of Texas has allowed our firm to serve longtime co-counsel and friends with high value recent results. See “Texas Cases from Texas Places” (right). Texas visitors combined with clients and referrals from 26 other U.S. states, Canada, United Kingdom and around the world, have reinforced the firm’s cases from other places.

We have been fortunate to bring about outstanding results for clients nationwide and around the world, including:

Published on: April 8, 2016

Creative Lawyering Yields Another Great Result for Injured Child

By Leesfield & Partners

The vast majority of personal injury victims contact a lawyer intending to make claims against a specific entity for a specific wrongdoing. The victims often evaluate their case and form their own theories of liability before they are ever guided by an experienced trial lawyer. Unfortunately, many lawyers then evaluate cases based on their clients’ impressions without broadening their imagination and looking at the entire picture.

Our firm was recently contacted by a mother in reference to a potential medical malpractice case for her 12-year-old son. Our client’s concern was that her son underwent surgery to repair his fractured femur (thigh bone) with metal rods, and the metal rods ultimately broke free from the bone, requiring a painful second surgery. Our client thought this complication occurred because the first surgery was done negligently. Our firm investigated and concluded that the complication was likely an inherent risk of surgery rather than negligence.

For many lawyers, the evaluation would have ended there. However, our firm inquired further and asked how the boy’s leg was fractured. Our client believed that was a dead end. She explained that the injury occurred when a 13-year-old girl accidentally fell on him at the girl’s house. As we learned more, it was discovered that the girl, who was much larger than the boy, had been physically harassing him for several days with unwanted horseplay. The girl’s father, who was supposed to be supervising them, knew of this abuse and failed to prevent it or separate the children. Our firm made a claim against the father’s homeowner’s insurance policy under a Negligent Supervision theory. Within just days of receiving our lawsuit, the insurance carrier offered their full policy limits of $300,000, to compensate our client’s son.

Published on: August 14, 2013

Fatal Car2Go Accident downtown Miami

By Leesfield & Partners

At dawn this morning in Miami, a Chevy pick-up truck traveling eastbound on Northeast 15th Street, in downtown Miami, was t-boned by a white Daimler SMART car traveling southbound on Biscayne Boulevard. One of the investigators told the media that it is believed the driver of the SMART car failed to stop at a stop sign or a red light, which was the cause for the two vehicle to collide at such a high rate of speed.

The incident occurred at approximately 4:45am on Wednesday August 14, 2013. The passenger of the SMART car, a young woman in her twenties was fatally injured and died at the scene. The driver of the SMART car was critically injured and rushed to Jackson Memorial Hospital. The condition of the driver of the pick-up truck remain unknown but reporters have shared that there are serious concerns he may have sustained a catastrophic spinal cord injury and may be paralyzed. (Photo on the left courtesy of Miami Herald)

The SMART car involved in this incident, whose driver was supposedly at fault, was a CAR2GO vehicle. According to the company’s website, CAR2GO is a mobility program launched in Austin, Texas back in November 2009. The company provides a fleet of free-floating vehicles distributed all over the city. Individuals who become members of CAR2GO have the ability to use any vehicle from the CAR2GO fleet at any time.

Published on: July 5, 2013

Health of teenagers injured in Panama City parasailing accident improving amidst questions about potential Parasail operator’s negligence

By Leesfield & Partners

According to the latest reports, both teenagers’ health are slowly improving and their respective doctors are expecting both girls to recover from their traumatic injuries. The family of Sidney Renea Good and Alexis Fairchild, 17-year-old girls from Huntington and Roanoke, Indiana, have shared that their daughters have both suffered head trauma and severe lacerations. However they are both communicating with their doctors and close family members with small hand gestures.

Earlier this week, Sidney and Alexis purchased a parasail ride with Aquatic Adventures in Panama City. While both girls were up in the air, the weather deteriorated and strong winds rolled onto the the shore. The rope of the parasail snapped and both girls, who were riding in tandem, were catapulted onto a condominium near the shore, before hitting a power line or a utility pole. They crashed seconds later on top of an SUV in a nearby parking lot. Both girls were breathing at the scene, but one of them was knocked unconscious.

The statement released by the family of the two girls reads as follows: “Alexis has severe back injuries and Sidney has neck trauma. However, we are fortunately seeing some positive signs from both Sidney and Alexis. Sidney has been responsive to caregivers and has been able to use small movements to communicate including a thumbs up for her parents. Alexis had surgery (Wednesday) on her spine and has also been responsive including a small wave at her parents when she returned from surgery. Our families are incredibly touched by all the support we’ve received from friends at home and from many people we haven’t met before who are praying for our girls. While the situation is still critical we are encouraged by these very small signs of progress. We have heard from so many generous people who have offered to help and we are working to establish a fund for the medical care of both Sidney and Alexis. We will have more information on that to come. Thank you again to all who are thinking of and praying for our girls. Your prayers are working!”