Electric scooters offer convenience for riders, but they can be dangerous when they are not in safe working order. Improper maintenance or a design defect could lead to a crash that results in devastating injuries.

If you have been injured in a crash due to a scooter malfunction, you might have a viable product liability claim on your hands. The thought of suing a major manufacturer might sound impossible, but our team is here to help you get the compensation you need.

What Is a Product Liability Claim?

A product liability is a type of personal injury claim involving defective or dangerous products. If you have been injured because an item you bought was unreasonably dangerous, you might have a viable case for compensation.

Of course, not all defects are exactly the same. In general, these issues fall into one of three broad categories:

1.     Design defects – flaws in the product’s design make it inherently dangerous

2.     Manufacturing defects – the product was poorly assembled or made with faulty materials

3.     Failure to warn – the company failed to provide adequate warnings or instructions

If an electric scooter malfunctions and that defect causes an accident, you may be able to file a lawsuit under one or more of these theories. Unlike negligence claims, product liability does not always require proving the company knew the product was unsafe—only that it was unsafe.

Common Types of E-Scooter Malfunctions

While scooter accidents can occur due to user error, they often result from defects or malfunctions. Some of the issues that frequently lead to accidents include the following:

Defective Braking Systems

Sudden or total brake failure is one of the most dangerous defects. A rider descending a hill or entering an intersection with no way to stop can easily be thrown into traffic or collide with a fixed object. Poorly designed or worn-out braking systems may be to blame.

Steering Failures

If the handlebars detach or lock unexpectedly, you may find yourself unable to steer out of the way of dangerous hazards. This can be especially dangerous when you are riding near a motorist who is also driving negligently.

Battery Malfunctions

Defective batteries can cause power loss mid-ride or, in rare cases, trigger thermal runaway fires. A sudden power outage can cause the scooter to stop abruptly, throwing the rider off balance.

Wheel or Frame Defects

Defects involving the wheels or frame of a scooter can cause you to lose your balance while riding. These defects are especially dangerous when traveling at high speeds. You could be entitled to damages if you can show you were using the scooter as intended.

App or Software Errors

Many rental scooters rely on mobile apps to function. When the software glitches, you could find yourself in serious danger. These errors can take different forms, from shutting down due to geofencing errors to rapidly decelerating without warning.

Can I Sue Even If There Was No Recall?

You have the right to file a product liability claim following an e-scooter accident, regardless of whether or not a formal recall has occurred. This is because a recall is not directly related to your personal injury case at all. That said, a formal recall could help strengthen your case for compensation.

Many defective products never undergo a recall, either because the company disputes that the product was unreasonably dangerous or because no incidents have been reported. If your case goes to trial, the court will pay attention to the facts as opposed to considering the status of any potential recall.

What Damages Can I Recover in a Scooter Malfunction Lawsuit?

When a scooter malfunction leads to injury, the law allows victims to recover financial compensation for the harm they’ve suffered. These damages fall into several categories, including the following:

Medical Bills

Medical expenses are often the most immediate and overwhelming cost after an accident. You may be entitled to compensation for emergency room treatment, surgeries, hospitalization, prescription medications, physical therapy, and any future medical care needed due to the injuries caused by the defective scooter. Keeping detailed records of your care can be invaluable for determining the value of your case.

Pain and Suffering

Not all injuries are physical. Pain and suffering damages are meant to address the emotional trauma, physical discomfort, and reduced quality of life that often follow a serious crash. These damages are subjective, but that will not prevent our attorneys from helping you pursue what you are owed.

Lost Wages

If your injuries prevent you from working for any significant period of time, you may be entitled to recover your lost income. This includes time missed from work, future diminished earning capacity, and any impact on your ability to perform your job.

Property Damage

In addition to personal injuries, a crash caused by a malfunctioning scooter may damage your belongings. You can recover costs for repairing or replacing damaged property, such as smartphones, helmets, glasses, or personal scooters, if you were riding your own device at the time of the incident.

Let Our Firm Help You Seek Justice

If you have been injured in an e-scooter accident due to a defect, you may be entitled to pursue compensation through a premises liability claim. We are dedicated to seeking justice following these accidents, and we will work tirelessly to help you maximize your recovery.

There are serious risks with attempting to pursue these cases on your own. While manufacturers are held to a high standard when it comes to these defects, holding them accountable is not always easy.

Let our firm help you build the strongest possible case for compensation. Contact us as soon as possible to schedule your free consultation. We look forward to helping you get the outcome you deserve.