Can a family member file a claim for someone injured while riding a Onewheel?

Federal Rule of Civil Procedure 17 generally requires that a case be brought by the real party in interest, usually the injured rider.

There is an exception for two situations, though.

A minor rider or a rider who lacks the legal capacity to handle litigation can have a guardian, next friend, or similar representative step in and pursue the claim on their behalf.

That exception covers a few specific situations, and each depends on the rider's circumstances and the applicable state law.

• A parent, next friend, or guardian ad litem may pursue a claim for a minor rider who has no appointed representative
• A guardian, conservator, or similar fiduciary may sue on behalf of a rider who is legally incapacitated
• Certain relatives may have their own separate claim for losses like loss of consortium in some jurisdictions
• If the rider dies, wrongful death laws typically determine who can bring the action, often the decedent's personal representative acting for the survivors and estate

Reported Onewheel litigation has followed this pattern. In Halikoytakis v. Future Motion, Inc., Alexander Halikoytakis personally filed his own complaint after alleging he was ejected from his Onewheel, asserting strict liability and negligence claims for his injuries. Other cases against the manufacturer, including Hill v. Future Motion and Amaya v. Future Motion, likewise name the injured rider as the plaintiff.

How The Law Offices of Sean M. Cleary can help with your Onewheel injury claim

Figuring out who has the legal right to bring your case, or your family member's case, depends on details specific to your situation and your state's rules. Our team can review those details and lay out your options.

Reach out to The Law Offices of Sean M. Cleary today for a free consultation to find out who can bring your Onewheel claim and what steps come next.