Who Is Responsible for Injuries Due to a Hoverboard Accident?

While hoverboards are safer now than when they were first introduced in 2015, using this device still involves some level of risk. The American Academy of Pediatrics (AAP) conducted a study that found hoverboards causing nearly 27,000 children to visit the emergency room. While most accidents involve children, adults have also been hoverboard injury victims. Injuries from hoverboard accidents are usually due to falls and collisions. Victims can suffer concussions, sprains, fractures, lacerations, and crushed fingers. Hoverboards have also been known to overheat and burst into flames. More than 500,000 hoverboards in 2016 were recalled after reports that their lithium-ion batteries had burst in flames.

If a hoverboard injures someone, there may be cause for a product liability case and personal injury claim. Depending on the circumstances of the accident, the rider or the manufacturer may be responsible for the accident. The best way to determine where liability lies for your situation is to consult an experienced Southern Minnesota lawyer, as proving fault in both product liability and negligence cases can be challenging. To ensure you follow the proper legal pathway and build a strong case to receive the justice you deserve, consult an experienced personal injury attorney.

Hoverboard Product Liability Case

Product liability law is based on the premise that manufacturers are required to make their products safe. Therefore, manufacturers are held strictly liable under premise liability if their product injuries someone. Hoverboard accidents will typically fall under three product liability claims, each claiming the hoverboard was defective.

Design Defects

A design defect claim takes place when a hoverboard has a design flaws that renders it unreasonably dangerous to riders. This claim occurs when, even with perfect manufacturing, the device is not designed to perform its intended use safely.

Manufacturing Defect

A manufacturing defect claim can be made when the manufacturing of the hoverboard deviates from its original design, making it dangerous for riders. This is different from a design defect since a manufacturing defect occurs when the product is actually made incorrectly.

Warning Defects

A warning defect claim happens when the hoverboard lacks adequate instructions or warnings, thereby making the hoverboard dangerous to riders.

Whether a hoverboard is poorly designed, improperly manufactured, or lacking proper warnings and instructions, it can be incredibly dangerous for riders and anyone nearby. If your injuries result from any of these issues, you are entitled to file a product liability claim. An attorney can help you gather the necessary evidence and prepare your case for trial if necessary.

Rider Negligence Case

There are some instances where the rider is not at fault, such as if a rock got in the way causing them to trip into someone. However, there are cases of reckless behavior on the part of the rider where their actions are negligent and put them at fault.

Negligence claims happen when a person’s actions or inactions cause an accident that injures another individual. In these cases, the victims must prove their injuries are directly linked to the other person’s negligent behavior. Some of the most common negligent behavior from hoverboard riders include:

  • Speeding
  • Failing to read or follow instructions
  • Disobeying street directions
  • Riding in a prohibited area

If someone’s reckless behavior led to your injuries, you could file a personal injury claim. An attorney can help you build your case by helping you gather the necessary evidence to prove the other person is at fault for the accident. They can fight for your right to fair compensation to help you focus on your recovery.

Contact an Experienced Hoverboard Accident Lawyer at Knutson + Casey

Whether the rider or the manufacturer was at fault for your accident, each case follows different laws and procedures. The legal team at Knutson + Casey understands these laws, and we will designate the proper legal representative to guide you through the process. Additionally, our attorney will take care of all paperwork and keep you up to date on every stage of your case.

Our legal team is filled with excellent investigators, negotiators, and, if necessary, trial attorneys. We have helped thousands of clients, and we will work hard to build a compelling case and help you obtain the financial compensation you deserve. For a consultation, call (507) 344-8888 or fill out this form.