Liability for an electric scooter malfunction can fall on the scooter’s manufacturer, the rental company that maintains the fleet, the scooter’s private owner, a government entity responsible for the road or path, or a property owner, depending on what caused the malfunction and where it happened. Because several parties can be involved, identifying every liable party is often the most important step in an electric scooter injury claim.
Electric scooters have become a popular mode of transportation in many cities, and their growing use has come with a corresponding rise in injuries. Emergency department visits linked to e-scooters and similar micromobility products increased significantly in recent years as the devices spread across urban areas, according to the U.S. Consumer Product Safety Commission.[1] At Hollis Law Firm, we understand the challenges faced by those injured in electric scooter accidents. With over 15 years of experience in personal injury cases, we help clients work through the complexities of liability in these situations.
Who Could Be Liable for Electric Scooter Malfunctions?
Several parties could be considered at fault for your injuries depending on the circumstances surrounding your scooter accident, including:
- Manufacturer, designer, or distributor: If the malfunction stems from errors in testing, design, or manufacturing
- Rental company: Failure to properly maintain or inspect scooters, such as by leaving a damaged scooter in circulation
- Scooter owner: For privately owned scooters, responsibility may fall on the owner if maintenance is neglected
- Government entity or municipality: Liability if road or path conditions or infrastructure contributed to the malfunction
- Property owners or renters: Infrastructure issues or property conditions could contribute to an accident
- Premises employer or employee: Those who fail to keep premises safe for visitors may also contribute to a scooter-related accident
In some cases, multiple parties could share liability for your losses. Because of the complexity of electric scooter injury claims, connecting with an attorney early can help you identify liable parties and hold them accountable.
Common Electric Scooter Malfunctions
Several issues can result in a malfunctioning electric scooter. Depending on the circumstances, one or more of the following problems may have caused your accident:
- Battery issues, including an inability to hold a charge
- Motor issues, such as overheating or restricted movement
- Controller problems or a blown fuse
- A broken throttle or magnet
- Faulty speed control
- Handlebar failure or wheel detachment
- Software issues, including those related to GPS
Rental scooter companies typically rely on a combination of user-reported issues and periodic inspections to catch these problems. When that process breaks down, defective scooters can remain in circulation, increasing the likelihood of a malfunction.
How Rental Scooter Agreements Can Affect Your Claim
Rental scooter apps almost always require users to accept a liability waiver before unlocking a scooter. These waivers typically attempt to limit the company’s responsibility for ordinary accidents, but most states do not allow a waiver to fully shield a company from liability for its own negligence, such as failing to maintain or inspect its fleet. An attorney can review the specific terms you agreed to and evaluate whether the waiver affects your claim.
Common Injuries From Electric Scooter Malfunctions
Falls caused the large majority of electric scooter injuries tracked by the Consumer Product Safety Commission, and fractures and head or neck injuries are among the most frequently reported.[1] Because riders have little protection compared to occupants of a car, even a low-speed malfunction can result in a serious injury.
What Compensation Can You Collect After an Electric Scooter Malfunction?
If you are injured due to an electric scooter accident or malfunction, and you can establish liability against another party, you may be eligible for compensation for losses such as:
- Medical expenses, current and future
- Recommended treatments, including physical and occupational therapy
- Lost wages and lost earning capacity
- Property damage, including repair and replacement costs
- Loss of enjoyment of life or daily activities
- Pain and suffering
- Temporary or permanent disability
- Punitive damages, in limited circumstances
- Emotional distress
Additional losses related to your injuries may also qualify for compensation, so it is worth discussing the specifics of your accident with an attorney.
Product Liability Claims for Defective Scooters
When a manufacturing or design defect causes the malfunction, a scooter injury claim can function similarly to other defective product cases, where the focus shifts to the design, manufacturing process, and warnings provided by the company that made the product, rather than solely on the rider’s actions. Preserving the scooter itself, along with any error codes, maintenance logs, or app records, is part of the same type of accident scene investigation that strengthens any personal injury claim.
Why Choose Hollis Law Firm for Your Electric Scooter Malfunction Case?
At Hollis Law Firm, we help clients pursue compensation after electric scooter accidents. With over 15 years of experience in personal injury law, we understand the complexities involved in determining liability for scooter malfunctions across manufacturers, rental companies, and government entities.
If you have been injured due to a scooter malfunction, we can help you identify the responsible parties and gather the evidence needed to support your claim. Complete our contact form to learn more about how we can assist you.
Frequently Asked Questions About Electric Scooter Malfunction Claims
Does signing a rental scooter waiver stop me from filing a claim?
Not necessarily. Most rental waivers attempt to limit liability for ordinary risks of riding, but they generally cannot shield a company from responsibility for its own negligence, such as renting out a scooter it knew or should have known was defective.
Can I still file a claim if I do not know what part of the scooter malfunctioned?
Yes. An attorney can help arrange for the scooter to be inspected and can request maintenance and repair records from the rental company or manufacturer to help identify the specific cause of the malfunction.
Who is liable if a rented scooter’s brakes failed?
Liability depends on whether the brake failure resulted from a manufacturing defect, in which case the manufacturer may be responsible, or from a maintenance failure, in which case the rental company that put the scooter into circulation may bear responsibility.
What should I do immediately after an electric scooter malfunction?
Seek medical attention, photograph the scooter and the accident scene, note the scooter’s identification number if it was a rental, and avoid returning or discarding the scooter until it can be inspected. These steps help preserve evidence that supports your claim.
Are pedestrians who are hit by a malfunctioning scooter able to file a claim?
Yes. A pedestrian injured by a scooter that malfunctioned may be able to pursue a claim against the rider, the rental company, or the manufacturer, depending on what caused the scooter to behave unpredictably.
Source:
[1] U.S. Consumer Product Safety Commission, “Micromobility Products-Related Deaths, Injuries, and Hazard Patterns,” 2017-2024. Available: https://www.cpsc.gov/s3fs-public/Micromobility_Products-Related_Deaths_Injuries_and_Hazard_Patterns_2017-2024.pdf
