Electric rental scooters transformed short trips across Miami’s neighborhoods, beaches, and business districts. But when rides go wrong—mechanical failure, poor maintenance, collisions with cars or pedestrians, or hazards caused by how scooters are parked—victims are left with injuries, medical bills, and tough questions: who’s liable, and can you sue the scooter company? Short answer: sometimes — but it depends on what happened, who acted negligently, the terms you accepted in the app, and strict filing deadlines under Florida law.
WHO CAN BE SUED AFTER A SCOOTER ACCIDENT?
There are several potential defendants in a Miami scooter injury case:
- The motorist who struck the rider (or a rider who struck a pedestrian). If a car driver was negligent—distracted driving, failing to yield, running a light—they can be held responsible.
- The scooter company (Bird, Lime, Spin, etc.) when the injury resulted from defective equipment, negligent maintenance, or business practices that created a known risk (for example, repeatedly placing unsafe scooters into circulation). That theory can take the form of product liability (manufacturing or design defect) or ordinary negligence (failure to maintain).
- A third party or manufacturer — sometimes the scooter maker or a parts supplier is at fault for a component defect.
- Property owners or the city (premises liability) when a dangerous road, broken curb, or poorly marked construction zone causes the crash. Note: suing a government entity raises different notice rules and timelines.
Proving fault requires evidence that the defendant acted unreasonably under the circumstances (negligence) or that a product was defective. Miami courts apply the same basic negligence and product-liability principles used in other personal-injury claims.
WHAT DEFENSES WILL SCOOTER COMPANIES USE?
Companies try several defenses:
- Liability waivers and terms of use. Rental apps commonly require riders to accept terms that include release language, arbitration clauses, and short notice periods for claims. Florida courts will enforce waivers and arbitration clauses that are clear and legally valid—but waivers do not usually protect companies from gross negligence or intentional misconduct. Whether a particular waiver is enforceable depends on how it was presented, the language used, and Florida contract law.
- Assumption of risk. If a rider knowingly ignored warnings or rode recklessly, a company may argue the rider assumed the risk.
- Comparative fault. Florida uses a modified comparative-fault system: if you are found more than 50% at fault you may be barred from recovery; if you share fault, you can still recover a reduced amount. (A lawyer will quantify and argue fault apportionment.)
CAN YOU SUE THE COMPANY EVEN IF YOU CLICKED “I AGREE” IN THE APP?
Often, yes—but there are limits. Clicking the rental agreement can trigger an enforceable contract with waivers or an arbitration provision. That may require you to resolve disputes in arbitration rather than court, and waivers can try to curtail class actions or shorten notice periods. However:
- Florida law will not let companies escape liability for gross negligence or willful misconduct. If a company knowingly put defective scooters into service or ignored repeated safety complaints, a waiver may not bar a claim.
- Waivers must be clear, specific, and voluntarily accepted to be enforceable. Ambiguous or hidden waivers can be challenged.
PRACTICAL REALITIES: COMPANIES, SETTLEMENTS, AND BANKRUPTCY
Major scooter firms have faced waves of claims and lawsuits nationally. Some have sought bankruptcy protection and proposed plans to resolve thousands of injury claims—an important reminder that even when a company is the nominal defendant, recovering full compensation can be legally and financially complex. An insurer or a company in financial distress may offer limited settlement funds.
WHAT VICTIMS IN MIAMI SHOULD DO RIGHT AWAY
- Get medical care. Your health is the priority and medical records document injuries that support a claim.
- Preserve evidence. Photograph the scooter (serial/ID number, damage), scene, skid marks, street signs, lighting, and any visible injuries. Save the app ride receipt, screenshots of the terms you accepted, and contact info for witnesses.
- Report the incident. Report to local police and the scooter company (use provider in-app reporting and email for timestamps).
- Do not sign releases or accept early offers without advice. Companies or insurers may pressure for quick lowball settlements. Talk to a lawyer first.
- Contact a personal-injury attorney experienced with scooter cases. They can evaluate claims against drivers, companies, manufacturers, or the city and advise whether arbitration or a lawsuit is needed.
DEADLINES YOU CANNOT IGNORE
Florida’s time limits to file a lawsuit are strict. Recent changes mean most negligence-based personal-injury claims must be filed within two years of the accident (exceptions exist for claims against government entities, minors, or special circumstances). Missing the deadline can extinguish your legal rights, so act promptly. (Check with counsel for exact deadlines that apply to your case.)
CONCLUSION
Yes — Miami victims can sue scooter companies in many situations, but success depends on precisely what caused the injury (driver fault, defective scooter, maintenance failures, or hazardous road conditions), what terms you accepted in the rental app, and how quickly you act. Waivers and arbitration clauses complicate matters, and companies or insurers may push for early, limited settlements. The right move after any injury is prompt medical care, careful evidence preservation, and a consultation with an experienced Miami personal-injury lawyer who can assess liability theories and protect your rights before critical deadlines run.