Does signing a user agreement block me from suing over a micromobility accident?

Florida law reads these waivers strictly against the company that drafted them rather than treating every signed agreement as the final word.

Several distinct legal grounds can keep a waiver from protecting a rental operator or device manufacturer, and more than one often applies to the same crash.

What matters is what actually caused your injury and how carefully, or carelessly, the waiver itself was put together before you ever opened the app.

Gross negligence and reckless conduct

Florida law under Sanislo v. Give Kids the World lets a waiver cover ordinary carelessness only, never gross negligence or reckless conduct.

• Known defects: deploying devices with known brake or battery issues crosses that line
• Skipped inspections: ignoring required maintenance schedules does too

Liability across the supply chain

Your rental agreement binds only the company you signed it with.

• Manufacturer exposure: a defective throttle or battery failure keeps the maker liable
• Suppliers: parts and battery makers remain separate entities the waiver rarely reaches

Vague or unfair waiver drafting

The party who wrote exculpatory language gets a narrow reading from Florida courts.

• Unclear terms: overly broad or vague terms can void the entire waiver
• Buried clauses: hiding the waiver among unrelated terms can make it unconscionable

Binding arbitration

Moving your dispute out of court is what arbitration does, not erasing it. A private arbitrator has the same power a jury does to award damages for medical costs, lost income, and pain and suffering.

The process stays private and moves faster, but it does not lower what your claim is worth. A manufacturer or fleet operator still has to answer for a defective product or reckless fleet management.

How The Law Offices of Sean M. Cleary can help after a defective micromobility device injures you

We trace every component of your micromobility device back to the company responsible for it. Our team reviews your waiver alongside maintenance and defect records to find every exposed party. That work often uncovers compensation a rental company hopes you overlook. Contact us for a free consultation.