Accidents on Hoverboards

A hoverboard is a small electronic device—a two-wheeled, hands-free, self-balancing scooter. They don’t technically hover above the ground the way we saw in Back to the Future, though! It’s similar in size and shape to a skateboard, though in a bit of a different manner. The rider is suspended on a platform that is on top of the two wheels. When the rider leans forward, the hoverboard moves in that direction. When the rider leans backward, the hoverboard moves in that direction. Hoverboards are powered by lithium batteries and can typically move between 10 and 12 miles per hour. Lithium-ion batteries are rechargeable and very flammable, which can lead to serious accidents if something goes wrong inside the hoverboard.

If you were injured in a hoverboard accident, the person or people who can be held liable will depend on the situation that led to the injury. Some of the most common scenarios that lead to lawsuits surrounding hoverboard accidents and injuries include the following:

Product Defect

In some cases, injuries and accidents on hoverboards are caused due to the product or part of the product being defective. One of the most common product defects occurs with the battery of the hoverboard, which can start a fire and severely burn and injure the rider. This would fall under a product liability claim. If the hoverboard malfunctions in another way—it doesn’t brake, slow down, or turn when it’s supposed to—serious injuries can occur which can also lead to a product liability claim.

There are 3 main types of product liability claims:

1. Design Defects. When a design defect occurs, all of the products are manufactured exactly how they are supposed to be, but because there was a problem with the initial design, all of the products are defective. Something about the actual design is problematic.
2. Manufacturing Defects. In this case, the design is sufficient to create a safe product, but something went wrong during manufacturing that caused the product to be unsafe. This means that there could be one defective product or hundreds or thousands, depending on how manufacturing was done. This could include using defective parts, wrong parts, poor electrical wiring, or more. If defective parts are used on many products, they will all be defective. However, if poor wiring is done, this could end up being limited to one or a few products.
3. Warning Defects. There is no defect in manufacturing or the design stage, but there are inherent dangers in using the product that aren’t adequately stated. There must be safety warnings and instructions on how to safely use the product. A retailer cannot sell a product and claim that it is safe when it is known that there are safety issues that can cause serious injuries.

All product liability claims are slightly different, but to be successful, you must typically prove the following elements:

• You were injured using the product
• The product was defective
• The defectiveness of the product caused your injury
• The product was being used the way it was intended to be used

In most cases, the manufacturer of the hoverboard will be liable for injuries sustained due to some type of product defect. In some cases, though, the retailer has also been found to be liable because they have marketed the product in a misleading way, claiming that they are safe when it’s known that they are not. The retailer has a duty to disclose known dangers, and if they don’t, they can be held liable for user injuries and accidents on hoverboards in some circumstances.

Some accidents on hoverboards occur as a result of other careless and negligent users of the road. If you’re on a hoverboard and were injured in an accident that someone else caused, you might be eligible to collect monetary compensation through an insurance claim or a personal injury lawsuit. To be successful in this type of lawsuit, you will have to prove the following elements to show negligence:

• The party owed you a duty of care. If you were legally riding your hoverboard and are injured by another vehicle, it’s almost certain that they owed you a duty of care. By simply being on a public road, all drivers have a legal responsibility to keep other drivers on the road safe by not engaging in dangerous behaviors.
• The party breached that duty of care. Another vehicle breaches this duty of care by engaging in behaviors that are likely to harm other users on the road. Common examples include speeding, erratic driving, failing to stop at lights and stop signs, texting while driving, drunk driving, or any other type of distracted or dangerous driving.
• You were injured. You must show that you were injured and suffered a loss or harm as a result of the injuries. This can be done by showing medical records and expenses, proof of lost income, and any other evidence you have of financial loss that you incurred because of the accident.
• The other party’s negligence caused your injury. It’s not enough just to prove that you were injured; the injury must be a result of the other party’s negligence. If you crash into someone else because you ran a red light, you likely won’t be successful in a negligence claim even if the other driver was texting at the time of the accident.

When riding a hoverboard, you should take all possible precautions to prevent injuries. Some of the most common recommendations include the following:

• Wear a helmet and other safety protection, such as elbow pads and knee pads.
• Ride your hoverboard only where it is safe to do so; avoid unpaved, bumpy roads that make it more likely that you will fall and get injured.
• Practice, practice, practice! Always make sure you know how to ride it and have practiced enough before you take your hoverboard on the open road where serious injuries can occur.
• Ensure it is legal to ride the hoverboard in your area.
• Avoid riding at night if possible. If you ride it after dark, ensure that you are wearing reflective clothing. You can even invest in a pair of light-up shoes. Hoverboards are equipped with lights, but it would be very unwise to assume that these lights alone will alert other traffic to your presence and will keep you safe.

There aren’t states where hoverboards are illegal, but there are certain parts of the country that have put limits on hoverboard usage. For example, New York City has banned the use of hoverboards in public spaces. If you’re on private property, there are no restrictions.

California also has hoverboard laws in place. In this state, hoverboards are recognized as vehicles, and appropriate laws were enacted. Riders must be at least 16 years old, must wear at least a helmet (other safety gear is recommended), the hoverboard must be driven under the speed limit, the hoverboard must be equipped with fixed headlights if riding at night, and hoverboards cannot be driven under the influence of any drugs or alcohol.

Some other states have followed suit and require certain safety precautions for hoverboard users. Before riding one in public, it’s always a good idea to check your state and local city laws regarding hoverboard use.

Yes, there are many hoverboards that have been recalled, almost always because of potential fire hazards. Before purchasing a hoverboard, you should always research the brand and type to see if there have been recent accidents on hoverboards and to find information about recalls.

Hoverboards have been creating quite the buzz over the last few years, with many people using them for fun or to commute to work. Unfortunately, not all these boards live up to what people expect from them. Riders are suffering serious injuries for many reasons, including product malfunction; there have been many recent incidents of severe burns and injuries due to the hoverboard battery catching fire while someone is riding it.

If you were injured on a hoverboard and believe you are entitled to monetary compensation, Morgan & Morgan can help. Whether it’s a personal injury claim, a defective product claim, or something else, we have the resources and experience to assist you. Contact Morgan & Morgan today to schedule a free and confidential consultation.