Miami Defective Electric Scooter Lawyer

Legal Theories in E-Scooter Product Liability Claims

You generally do not need to prove the manufacturer was careless. You need to show the scooter had an unreasonably dangerous flaw when it left the factory and that the flaw caused your injury. These claims generally fall into one of three categories.

• Design defects: a flaw in the underlying engineering, such as a folding latch that can vibrate open during normal use
• Manufacturing defects: a problem introduced during assembly, such as a stem bolt or weld that did not meet specification
• Failure to warn: inadequate instructions or missing warnings about charger compatibility, weight limits, or battery handling

Injuries Associated with E-Scooter Defects

The type of injury often depends on how the failure happened, and a single crash can cause more than one kind of harm.

• Stem or folding failure: head injuries, facial fractures, and neck injuries from a forward fall
• Brake failure: wrist fractures, dislocated shoulders, and clavicle fractures from bracing on impact
• Unexpected acceleration or power loss: leg fractures and internal injuries from a sudden collision
• Battery fire: thermal burns, smoke inhalation

Common E-Scooter Engineering Problems

Federal safety investigations and recall records point to a handful of failure types that show up repeatedly across different brands.

• Folding mechanism and stem failures: a latch, bolt, or weld can fail and cause the handlebars or stem to collapse mid-ride
• Brake failures: brakes that fail to engage, engage sporadically, or engage with a delay have appeared in multiple recalls
• Electrical and throttle problems: a stuck accelerator or unexpected power loss can cause a rider to tip over or be thrown from the scooter
• Wheel and structural failures: a broken footboard, detached wheel, or cracked fork can cause a sudden loss of control
• Battery explosion/fires: a malfunctioning battery or an incompatible charger can cause battery explosion, overheating, smoke, or ignition, including while the scooter is charging, idle, or in use

Documented E-Scooter Recalls and Safety Actions

Recalls like these show the type of defects that have caused real injuries and can back a product liability claim.

• Segway Ninebot Max G30P and G30LP: a faulty folding mechanism could let the stem fold during use
• Apollo Phantom: a stem bolt could snap, separating the front wheel assembly from the scooter
• Apollo City 2024: a weld on the stem could crack, causing the stem to break
• Hover-1 Dynamo: brake failure was reported, including a case involving a dislocated shoulder
• Swagtron SG-5: the lithium-ion battery could overheat, smoke, or catch fire

If your scooter was involved in a crash or falls under a recall, do not return it to the manufacturer or rental company before speaking with an attorney. The scooter and its components are often important physical evidence in a product liability claim.