Hoverboard Injury – Do You Have a Case?
- January 10, 2017
- Category: Law
Adam Collelo got his 12 year-old son Luke the coolest gift of the season – a hoverboard. Luke seemed to have a lot of fun on his hoverboard, and seeing this, his father decided to give it a try. But the moment he got on the hoverboard, Collelo somersaulted and broke his forearm bone.
The two-wheeled, rechargeable, self-balancing electric scooters gained a lot of attention in 2015, when several of them caught fire while charging and damaged (even destroyed) a number of homes. Hoverboard-related injuries and fires have increased by 25 percent in recent times, according to the U.S. Consumer Product Safety Commission. The most common injuries among them are fractures, strains or sprains, contusions or abrasions, and concussions, etc.
The central problem surrounding the injuries and fire caused by the hoverboards is that no safety standards were set in place prior to designing and production of the gadgets on a mass scale. The safety tests conducted by Consumer Reports reveal, ‘road obstructions can jolt a rider and cause a loss of balance.’
Hoverboard Injury – Do You Have a Case?
About 500,000 hoverboards have been purchased during the holiday season last year; however, these electronic gadgets have not been able to keep up with the expectations of the consumers. Too many have been bursting into flames or have sent the riders to the emergency room (ER). People who did not ride the hoverboards were also known to get injured in many cases. So, if you or a loved one has been injured by or due to a hoverboard, you can consider filing a hoverboard lawsuit.
1. Hover Liability
Manufacturers are required to ensure that the products manufactured by them are safe, and that they do not pose any risk to consumers. Thus, in case of hoverboard injuries, you can file a case against the manufacturer on grounds of product liability and sue for design defects, manufacturing defects, or warning defects.
2. Rider Liability
In case someone else riding a hoverboard injured you or damaged your property, you can file a negligence claim against the rider. If a person was speeding down the sidewalk or riding illegally (without permission) on someone else’s property, they could be held liable for injuries and damages caused.
However, proving fault in hoverboard injury claims can be very difficult. So, you must consult an experienced attorney who can help you prove the claims.
Things to Consider When Filing a Case for a Hoverboard Accident
Filing a case for a hoverboard injury will not be very different from filing a personal injury case. If you have been injured while riding on a hoverboard, here are some things that you need to consider:
- Retain the product that caused the injury. If possible, get pictures of injuries or the damages caused.
- Consult a lawyer as soon as possible to understand whether you have a case.
- Never confess that you might have been at fault.
- Consider the statutes of limitations – the statutes of limitations for personal injury in most states is two to four years and that for product liability is three years; but, it is best to consult a lawyer since the statute of limitations varies from state to state.
Proving fault in a hoverboard case can be very difficult. Just like any other personal injury claim, the severity of injury or damage is a determining factor to decide whether or not your case is viable. Moreover, many complex laws may be involved. This is the reason why you need to be represented by an experienced lawyer. Your lawyer can provide you with the necessary legal advice and guidance to make your case strong. Since hoverboards have recently been introduced to the market, the state laws may vary significantly. A lawyer will help you navigate through the complex laws and procedures.
Gathering evidence is an important part of winning a case; an experienced lawyer will help you gather all the evidence and information required to prove your claims. Moreover, if you have decided to proceed to the court for the hoverboard injuries, a lot of technical aspects have to be taken care of. It might not always be possible for you to understand the technicalities; however, a lawyer experienced in handling hoverboard injury cases will understand the technology used and can exactly point out the faults within the product.
Even though hoverboards were considered to be the coolest gifts, they failed to live up to the expectations. As many as 501,000 hoverboards have been recalled by 10 manufacturers, distributors, and retailers in coordination with the U.S. Consumer Product Safety Commission, but the damages already done to users are permanent.
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