Hoverboard Injuries: Can this be a Case?
Ever seen one of those boards that kids and teens have been using lately? They are used almost everywhere – at the parks, in the malls, in hallways, etc. These Segway minis proved to be one of the most dangerous Christmas gifts in 2015. Even if they do not really hover, and they aren’t boards – everyone calls them ‘hoverboards’. As fun as they seem to be, however, a number people from all over the world got injured while using them. The question now is: if you do get injured on a hoverboard, do you have a case?
Manufacturers have a duty to ensure their products are safe and product liability law is based on this premise. With that said, manufacturers can be held liable if a person gets injured by their product. For hoverboards, product liability claims would fall into one of the three main categories:
Manufacturing Defects – Claims that a hoverboard was manufactured in a way that deviated dangerously from the intended design;
Design Defects – Claims that a hoverboard’s design was flawed in some ways, making it unreasonably dangerous to riders; or
Warning Defects – Claims that a hoverboard lacked adequate warnings and/or instructions, without which, a product is not reasonably safe.
A hoverboard can be improperly manufactured, poorly designed, or without satisfactory warnings, leading to injuries and/or property damage. If this occurs, the manufacturer could be liable.
Now, what happens if the rider of the hoverboard is not the one who got hurt? What if someone else ran into you with their hoverboard and/or caused damage to you or your property? There is a possibility that you can get a negligence claim against the rider. Negligence claims arise when a person’s recklessness or carelessness causes the accident, resulting to injuries. If a person sped down a crowded sidewalk on a hoverboard, riding where it’s prohibited, failed to read and/or follow the instructions, that person could be liable for any injuries he or she will cause.
To answer the question at the beginning… YES, you have a case if you get injured while using / by a hoverboard. For more questions or for legal assistance, contact our law firm.