The electronic scooter revolution has transformed South Florida by littering our communities with thousands of pay-per-minute “e-scooters.” Without question, this budding industry will cause injury statistics and litigation to multiply. As the industry continues to overcrowd our streets and sidewalks, trial lawyers will have an entirely new niche to explore and challenges to overcome. There is minimal case law dictating the direction of these novel cases at this time, leaving trial lawyers with the task of molding the law for the multitude of cases to come.

There are a number of viable theories of liability against e-scooter services depending on what goes wrong in the course of the ride. The vast majority of cases will fall into one of two broad categories: failure to adequately warn, instruct and qualify users; and negligent maintenance.