Blogs By K Ryan

Onewheel nosedive lawsuits.

Onewheel Nosedive Lawsuits

Onewheels — as the name suggests — are single-wheel electric skateboards. To ride a Onewheel, users stand with one foot in front of the other on pressure-sensitive pads split by a roughly six-inch wide wheel. Self-balancing tech helps riders to stay steady on the 750-watt board, which, depending on the model, can go up to 19 mph, according to the company’s website. Unfortunately, Onewheel’s self-balancing tech isn’t foolproof. The boards can slam nose-first into the ground, launching the rider off the board and into the air. While some Onewheel nosedives are due to rider error, some aren’t. 

That’s where Onewheel nosedive lawsuits come into play.

 

Product Liability

One Onewheel rider was thrown from his board in 2019 when the electric skateboard suddenly nosedived without apparent cause, according to a related lawsuit, causing him to suffer a concussion, memory issues, and ongoing pain. The rider later filed a product liability Onewheel nosedive lawsuit for $10 million, alleging negligence and breach of warranty.

What is product liability? According to Florida law, consumers injured by defective products can hold responsible those involved in the product’s manufacture, construction, design, formulation, installation, preparation, or assembly if any acted negligently, breached warranties, or failed to meet safety standards.

Common types of product liability lawsuits in Florida include those filed to address design defects, manufacturing defects, lack of product testing, and failure to warn of product dangers. 

Depending on the lawsuit, liability may be split between different entities involved in the product’s supply chain per Florida’s contributory fault rule that allows fault to be assigned as percentages. 

You have up to four years from the date of injury to file a product liability lawsuit, but we suggest filing your Onewheel nosedive lawsuit as soon as possible.

Product liability lawsuits can result in compensation awards that can help pay for medical bills, loss of income, ongoing treatments, and the like. An experienced Florida product liability lawyer can help you get the compensation you need when you need it. 

In addition, by filing a product liability lawsuit, you’re acting to protect future users from suffering the same fate. 

 

Wrongful Death

Product liability lawsuits evolve into wrongful death lawsuits when the injury suffered proves fatal, even if the death occurs during a liability lawsuit. The same holds true for Onewheel nosedive lawsuits that involve a user’s death.

In May 2019, a Texas man was riding a Onewheel on a flat, paved road when the electric skateboard reportedly stopped suddenly, sending him crashing into the pavement. He suffered severe brain trauma and ultimately died from his injuries. 

His family later filed a wrongful death product liability lawsuit against Onewheel manufacturer Future Motion, alleging that the death was caused by product liabilities including negligence and failure to warn.

According to the March 2020 lawsuit, Onewheel’s companion app lists the electric skateboard’s maximum speed as 26.1 mph, which is 7 mph higher than the maximum speed listed on the company’s website. 

In addition, the tech used to balance the board can fail when Onewheel is pushed to its limits, is low on charge, or spends most of its energy maintaining other device features. When that happens, the board nosedives, endangering the rider. 

Proving a wrongful death lawsuit is complicated. A Florida wrongful death attorney will know what options are available to you and how best to proceed to build the strongest case possible. To make matters slightly more complicated, you have only two years from the date of death to file a wrongful death lawsuit.

 

Have you been injured in or lost a loved one to a Onewheel nosedive?

Contact a Onewheel nosedive lawyer today.

At Lytal, Reiter, Smith, Ivey, & Fronrath, we pursue Onewheel nosedive lawsuits with compassion and expertise. Our firm has won wrongful death and product liability clients millions of dollars in settlements and verdicts. Those awards have helped our clients cover necessary costs like medication, surgeries, and rent. 

Let us help you get the compensation you need. Contact us today for a free Onewheel nosedive lawsuit consultation. Schedule your free consultation by calling (561) 655-1990 or visiting our website.

 

Mirena IUD Medical Malpractice Lawsuits

Intrauterine devices, also known as IUDs, are T-shaped contraceptives that can be inserted into the uterus to prevent pregnancy for years at a time. IUDs can be hormonal, like Mirena, or wrapped in copper. The Mirena IUD can also be prescribed for issues other than preventing pregnancy, such as endometriosis. Mirena IUD medical malpractice lawsuits are serious and should be handled by an experienced product liability attorney. 

As with any medical procedure or treatment, there are inherent risks and those caused by medical error. According to Florida law, medical malpractice occurs when a medical practitioner’s negligence results in an injury or death. That means any negligence by a medical provider regarding a Mirena IUD can result in a medical malpractice Mirena IUD lawsuit. 

Here are some common types of negligence that may appear in medical malpractice Mirena IUD lawsuits.

 

Insertion/Extraction Error

IUDs must be inserted and removed by a medical professional, which means opting for this birth control requires undergoing medical procedures otherwise avoided with other methods, such as pills, patches, rings, and shots. 

Unfortunately, it’s possible for Mirena IUDs to be inserted incorrectly, causing pain, bleeding, and issues such as uterine perforation, which can lead to IUD migration. When an IUD migrates, it can perforate other organs, cause infections, and require surgical removal. In at least one case, IUD migration and organ perforation ultimately required a hysterectomy. 

Like other IUD brands, organ perforation is an inherent risk of the Mirena IUD. As this is an inherent risk, it’s important that you get prompt medical attention and pursue legal action if you believe your perforation was specifically caused by your medical provider’s negligence. An experienced medical malpractice lawyer will know what options are available to you.

 

Prescription Error

As with most medical treatments, there are contraindications for Mirena IUDs. Contraindications are specific circumstances in which the device or treatment may prove harmful to the patient. When it comes to Mirena IUDs, you should not use this device if you are sensitive to progestin, allergic to silica, or have fibroid tumors. 

If your medical provider knew about a contraindication or should have reasonably known about a contraindication and still suggested or installed the device, you may be able to file a medical malpractice Mirena IUD lawsuit.

 

Anesthesia Error

During the insertion or removal process, your medical provider may opt to use local cervical anesthesia. Anesthesia requires meticulous attention to be used correctly. Incorrect dosage or use can result in severe injuries and death. 

 

Failure to Inform/Lack of Informed Consent

Under Florida law, you can sue for lack of informed consent.

Informed consent is when you are told about the risks that accompany whatever procedure or treatment you are about to undergo. You are entitled to know the full risks and possible unintended consequences of any procedure so that you can make an informed decision to either opt in, opt out, or opt for a different treatment.

If your medical provider fails to correctly and thoroughly inform you of the risks that come with opting for a Mirena IUD, they can be held liable for resulting injuries, especially if you would have avoided the IUD had you been informed. 

 

Have you suffered from Mirena IUD medical malpractice?

Contact a Florida medical malpractice lawyer now.

Florida law requires you to file a medical malpractice lawsuit within two years of the injury itself or two years of the discovery of the injury. 

While that may sound like a long time, Florida medical malpractice cases are complicated and require an intricate set of steps before the lawsuit can even be filed. This includes a plaintiff pre-suit investigation, pre-suit notification, prospective defendant investigation, and more. 

Let Lytal, Reiter, Smith, Ivey & Fronrath help you get the compensation and help you need. 

Contact us today for a free consultation. Call us at (561) 655-1990 or visit our website to schedule your free, no-obligation consultation with a medical malpractice specialist. 

elder self neglect

What You Should Know About Elder Self-Neglect

In some instances, it’s our elderly loved ones who fail to provide for their basic needs or look out for their own safety. When this happens, they become victims of elder self-neglect. 

Self-neglect is not a crime, but it is dangerous. It may include deprivation of food, water, necessary medication, health care, a hospitable living environment or shelter, and more. Elder self-neglect also may include consciously or purposely putting oneself in dangerous situations. 

If your loved one is suffering from self-neglect, remember that they are still a victim and deserve to be treated with kindness and compassion.

 

Signs of Elder Self-Neglect

Watch for the following signs that an elder is struggling to care for themselves:

  • Unkempt or dirty living environment, clothing, hair, and more
  • Lack of necessary working mobility aids, medication, or similar items
  • Missed medical appointments
  • Bedsores, bruises, cuts, or similar injuries, especially those ignored or dismissed by the injured party
  • Sudden unexplained weight loss or change in behavior
  • Inability or refusal to prepare and/or eat food

These are only some of the signs of elder self-neglect. Regardless of frequency, Florida considers neglect to be instances of carelessness or disregard that could reasonably result in at least injury or death. 

For a more thorough list of elder abuse signs, review this checklist by the National Center on Law & Elder Rights.

 

What do I do if I’ve witnessed elder self-neglect?

Florida law requires witnesses of abuse to report it to authorities immediately. You can report elder abuse to the state Department of Children and Families by calling 1-800-962-2873 or visiting ReportAbuse.dcf.state.fl.us.

It’s important to note that the department does not take reports of elder self-neglect that are primarily intended to obtain access to temporary emergency service funds, intervention services, placement, or guardianship. 

 

What if I witnessed elder abuse that wasn’t self-inflicted?

Older Floridians are highly vulnerable to abuse and exploitation, both of which may go undetected without direct investigation or observation. Abusers, who sometimes take the form of caretakers or relatives, target elderly Floridians due to their increased reliance on others and potential for decreased mental and physical capabilities.

Regardless of the identity of the perpetrator or their relationship to the victim, you must report the abuse to authorities right away. If the elderly person is in danger of imminent harm, call 911. Authorities will provide you with further instruction, which may include removing the victim from the reach of their abuser.

 

What do I do if my elderly loved one refuses help?

Elder self-neglect often requires social service and mental health interventions. In instances where elders suffering from self-neglect are capable of understanding the consequences of their behavior, these services and interventions may be refused.In some cases, such as when the self-neglect involves code violations or hoarding, the self-neglect may, at least partially, become a legal issue. In this case, the elder may not be able to fully refuse intervention.

If your loved one is refusing your help and you believe their refusal or self-neglect is due to mental and/or physical disability, you may be able to help them by obtaining guardianship, becoming your loved one’s designated health care surrogate, or pursuing similar legal recourse.

A Florida elder neglect attorney will counsel you on your best options and how to proceed. Pursuing legal action likely will require you to petition the state and argue that your loved one is not capable of caring for themselves. This emotionally wrought process is complex and requires a skilled and compassionate hand.

 

Contact a Florida Elder Neglect Attorney

If your loved one is failing to provide for themselves or is refusing help, contact us today to discuss your legal options, including the possible pursuit of guardianship. Elder self-neglect is a difficult subject to broach with your loved one, and legal pursuit of possible remedies may feel even more overwhelming. But your loved one deserves to be well cared for and safe, and we are here to help.

At Lytal, Reiter, Smith, Ivey, & Fronrath we act with compassion in the best interest of all involved. Contact us today for a free, no-obligation case evaluation with a Florida elder neglect attorney who can work with you and yours to find the best possible solution for all involved. 

Call us at (561) 655-1990 or visit our website to schedule your free elder self-neglect consultation. 

at Fault for a Right-Turn Crash

What You Need to Know About Right-Turn Crashes

Florida drivers are no strangers to the dreaded right turn onto high-traffic roadways or crosswalks that seem to magically fill with pedestrians as soon as you look away. Despite the caution exercised by drivers, right-turn crashes still happen. That makes it important to know who’s at fault for a right-turn crash.

Florida law requires drivers who are making a right turn to turn as close as possible to the right edge or curb of the roadway. This ensures that you stay in the appropriate lane when you merge onto the target street or highway. 

 

Who has the right of way?

One of the most important things to remember when making a right turn is that through traffic has the right of way; That means you have to yield to oncoming traffic, regardless of how long you’ve been waiting at the intersection.

Arguably the most important right-of-way rule is the right-turn drivers must yield to bicyclists and pedestrians. Whether you are turning right at a green, yellow, or red light, all drivers must yield to those using a crosswalk. In instances of jaywalking, the turning car must still yield. 

 

Who is at fault for a right-turn crash?

In many right-turn crash cases, the driver who made the right turn is found to be at fault. According to Florida law, a driver must slow or, if required, stop at an intersection before making any turn. 

As such, the law states that any driver involved in a crash with a pedestrian or bicyclist is considered to be at fault for failing to yield unless there is evidence proving otherwise.

Right-turn crashes can be caused by the turning driver:

  • Misjudging the distance between oncoming cars
  • Not entering the flow of traffic at the required speed
  • Not staying in the proper lane when turning
  • Not yielding to pedestrians or bicyclists
  • Not completely stopping at an intersection before making the right turn

However, the turning driver is not always found to be at fault, such as in cases in which the turning driver was hit by a through driver running a red light.

With Florida law often assuming drivers are at fault for a right-turn crash, you must work with an experienced Florida traffic crash lawyer who can successfully challenge that assumption in court.

 

What do I do if I’ve been in a right-turn crash?

While at the Crash Scene

Take stock of the situation and check yourself and passengers for injuries. If you need emergency medical attention, stay where you are and call 911. Emergency authorities will provide further instruction.

Consult with the other person(s) involved in the crash and then move your vehicle(s) out of the path of moving traffic; Florida law requires you to do your best to clear the roadway for oncoming vehicles. Make sure to call authorities to get an official accident report, which can be used when filing an insurance claim and in any related right-turn crash lawsuit.

 

After Leaving the Crash Scene

Once that’s complete, contact a seasoned Florida car accident lawyer as soon as possible. Car crashes can cause serious injury and death. A right-turn crash lawsuit can help you pay for car repairs or a replacement vehicle, medical expenses, loss of income, and other costs that start to add up as soon as one car touches another.

It’s essential that you have a Florida car accident lawyer who will help you to get the compensation you deserve. Don’t let an auto insurance company — yours or the other driver’s — force you to settle for less. 

Contact Lytal, Reiter, Smith, Ivey, & Fronrath today for a free right-turn crash case consultation with an experienced car accident lawyer.

 

woman coping with grief and loss

Emotional Responses to Losing a Loved One

Whether your loved one was taken from you suddenly or slowly over time, their absence is painful. The sudden empty dining room chair. Their forgotten half-full mug on the counter. The missed Sunday night phone call. 

You are not alone in feeling the devastating effects of losing a loved one. Here are a few of the most common emotions that arise when coping with grief and loss.

 

Anxiety

If your loved one was your household’s main breadwinner or provided critical daily support, such as in the case of a caretaker, their death may release a host of anxieties. 

As unhelpful as it sounds, your anxieties may be grounded in reality. But some of them might not be. The latter anxieties can be helped with coping mechanisms such as prioritizing sleep, developing a go-to phrase to stop negativity spirals, deep breathing, or progressive muscle relaxation

That said, the value of a good therapist or friend shouldn’t be underestimated when coping with grief and loss.

For anxieties rooted in reality, you may be able to get assistance from local social services. Social workers can help connect you with programs and services to help ensure your care.

 

Denial 

When faced with admitting that a loved one is gone, some people will go into shock, deny the loss entirely, downplay what’s going on, or refuse to address any related issues, such as funeral planning. This is a coping mechanism that partially protects people from feeling vulnerable or unsafe. 

In some cases, short-term denial can be helpful because it gives people a chance to process the trauma and loss they’ve just experienced. However, denial is an attractive haven from pain and suffering, which means some people will hold onto this feeling for as long as possible. That leads to people refusing to take necessary action, which can prolong the grieving process.

Overcoming denial involves bravely facing the facts about your situation. This is a difficult step to take and may require the support of others.

 

Despair

Perhaps the most ubiquitous emotional response to grief, despair is a loss of hope. Without your loved one, what more is there to look forward to? Despair can easily morph into depression when coping with grief and loss, so you must work with a licensed mental health professional who can safely guide you through the grieving process.

Though you may not consciously recognize despair, your behavior tells a different story. You may find yourself exhausted, unable to sleep or sleeping too much without being rested. Your food may expire as you forget to eat because you’ve completely lost your appetite. Perhaps your usually clean home goes untidied and calls go unreturned.

If you feel that despair has crept into your home and isolated you from your support network and life, reach out to your loved ones or care team, regardless of how long you’ve ignored their calls or texts. Despair demands outside help. It’s extremely hard, but you need to ask for it.

 

Guilt

Guilt that arises alongside coping with grief and loss comes in two main forms: self-blame and regret.

If your internal monologue keeps telling you that you could have prevented your loved one’s death if only you acted differently, you’re dealing with guilt. This type of internal monologue means that you’re placing at least some of the responsibility for your loved one’s passing on yourself. Not only is that cruel and unhelpful, it likely isn’t true. You cannot control everything, and you can’t account for all variables all the time.

Reach out to your family and friends to ask for help and hear a more objective point of view. In addition, working with a therapist may help you to move past this guilt.

 

Are you struggling with loss?

You are not alone. Ask for help from friends and family if possible. Consider seeking out a therapist and a support group regardless of the status of your current support network. Support groups allow you to connect with and hear from people who have suffered similar losses.

If you need immediate emotional support, contact the SAMSA national hotline at 1-800-662-4357 or the National Suicide Prevention Hotline at 1-800-273-8255.

 

Have you lost a loved one due to negligence or misconduct?

Contact an experienced Florida wrongful death lawyer today. At Lytal, Reiter, Smith, Ivey & Fronrath, wrongful death cases are handled with compassion and care. 

We know that pursuing legal action may seem impossible amid grief and shock. That’s why we’re here to help. Call us at (561) 655-1990 or visit our website to schedule your free consultation.

dog bite premises liability

Dog Bites and Premises Liability

If you’ve been bitten by a dog on someone else’s property, you may be entitled to compensation through a dog bite premises liability lawsuit.

The American Veterinary Medical Association (AVMA) says that about 4.5 million Americans are bitten by dogs each year. Nearly one million of those bites require medical attention. Some dog bites even lead to dangerous infections and death. 

Florida’s legislation says dangerous dogs are becoming an increasingly widespread and serious issue. 

 

Who’s liable for my dog bite?

Most of the time, Florida law places the liability of dog bites on the dog’s owner. However, there are some instances that lessen the owner’s liability, such as if negligence by the wounded person led to the dog bite. 

More drastically, the owner’s liability is voided except in cases involving victims younger than six years old if the owner had a sign prominently displayed on their property that warned of a “Bad Dog.” 

The only exception to this void is if the dog bite was directly caused by the owner’s negligence or omission. 

 

How does premises liability factor into dog bites?

Florida law protects property visitors from certain types of property dangers. In most cases, premises liability lawsuits require the dangerous property condition to have existed for a long enough time that the property owner must have known about it, to be recurring and therefore foreseeable, or gone intentionally unaddressed by the property owner.

An expert Florida dog bite premises liability lawyer will know what options are available to you and how premises liability law impacts your case specifically. 

 

What if the dog doesn’t belong to the property owner?

If you were at or on public property when bitten, the owner of the dog is liable for your injuries. 

If you were bitten by the dog while lawfully on the dog owner’s property, the owner is liable. To be lawfully on the property means you were invited.

If you were bitten on private property, contact a seasoned Florida dog bite premises liability lawyer today. An expert dog bite premises liability lawyer will know what options are available to you and how best to proceed.

 

Does it matter if the dog has never bitten anyone before?

No. 

According to Florida law, the dog’s owner is liable for damages to the wounded person regardless of whether this is the first time the dog has ever hurt someone. In addition, the dog’s owner still is liable even if they claim to not have known about any previous instances of aggression or viciousness.

 

Was the dog “dangerous”?

Though the answer may seem obvious to you, Florida has specific rules about what qualifies a dog as dangerous. If you were bitten by a dog that has been labeled as dangerous by the state, contact a dog bite premises liability lawyer immediately as this may affect your case.

To be deemed dangerous, Florida requires the dog to have:

  • Wounded or killed a domestic animal off the owner’s property at least once
  • Chased or menacingly approached a peaceful person on public property
  • Bitten, attacked, endangered, or severely wounded a person on private or public property

 

There are some exceptions to the dangerous label. In Florida, a dog may not be considered or declared dangerous if it hurt someone in defense of itself or a person or if it hurt someone who was unlawfully on the property housing the dog.

Though there are stereotypes about what types of dogs are more or most likely to bite, those don’t hold water. It’s important to remember that all dogs can bite a person and potentially cause serious harm and death.

 

Bitten by a dog? Contact a lawyer today.

A skilled Florida dog bite premises liability lawyer will fight for the compensation you deserve. Monetary awards from lawsuits can be used to cover medical bills, lost income due to injury, and more. Florida law limits how long you have to file a dog bite premises liability claim, so it’s best to move quickly. 

Contact Lytal, Reiter, Smith, Ivey & Fronrath today for a free consultation with an expert premises liability lawyer. Call us now at (561) 655-1990 or visit our website to get your free, no-risk consultation. Let us help you get the compensation and treatment you deserve.

product liability negligence

Product Liability Negligence: What Qualifies

Product creators and providers have a duty to provide products that work as intended. A defective product could result in customer injury or death, which opens up the product creators and providers to product liability lawsuits.  

According to Florida law, parties involved in the manufacturing, construction, design, formulation, installation, preparation, or assembly of a product may be held liable if the product causes injury due to any of the involved parties’ negligence, breach of warranty, or similar failure to uphold safety standards. 

 

What qualifies as product liability negligence in Florida?

Negligence involves a breach of an expected duty of care, whether through action or inaction. 

There are four key elements to a viable product liability negligence claim: 

  • Proof of the provider’s duty of care to provide a safe product
  • Proof of product was defective and those involved in its creation or provision breached that duty of care
  • Proof that the product’s defect caused the injury or death in question (this includes injury to property)
  • Proof that the person injured or killed by the defective product was using the product as intended


Proving the defendant(s) breached their duty of care may involve what’s known as the Hand Formula. This is when the burden of taking precaution is weighed against the probability and severity or gravity of the potential loss or harm.

 

Here are some examples of what qualifies as product liability negligence:

Lack of Product Testing

Companies may not always thoroughly test a product, which means it is more likely to suffer defects or cause unintended effects that could be dangerous, whether immediately or in the long run. 

 

Failure to Warn

In the case of products that are inherently dangerous or are known to have risks that could cause injury, product creators and suppliers have a duty to warn customers of the risks that accompany proper or foreseeable product use.

However, it’s not always the end-user who is entitled to a warning. A seasoned Florida product liability attorney will know what options are available to you. Contact Lytal, Reiter, Smith, Ivey & Fronrath for a free case evaluation.

Subcategories of failure to warn may include lack of necessary instruction, lack of necessary labels, misplacement of labels, and similar issues that ultimately lead the customer to use the product without knowledge of its risks or dangers.

 

Exacerbated Injury Due to Product Defect

An example of this type of case would be if you were in an accident and suffered injuries that wouldn’t have been as severe if not for a defective product, such as a seatbelt or airbag. 

 

What should I do if I’ve been hurt by product liability negligence?

Work with an Experienced Florida Product Liability Attorney

When it comes to product liability negligence lawsuits, you must work with an experienced product liability attorney who will be able to create informed theories of negligence and analyze evidence to discover relevant faults in the product’s creation, marketing, or supply chain. 

The product liability attorneys at Lytal, Reiter, Smith, Ivey & Fronrath have won their clients millions of dollars in settlements. That compensation can help pay for medical fees, medications, lost wages, and the sometimes invisible cost of mental anguish and suffering. 

In Florida, you only have four years from the date of the incident to file a product liability lawsuit involving injuries. For product liability lawsuits involving a death, the statute of limitations shrinks to only two years. Reach out to us today at 561-867-4117 or visit our website to claim your free, no-risk consultation. Let us help you get the compensation you deserve.