Hoverboards are electronically-powered devices that are similar to electrically powered skateboards, scooters, or Segways. In fact, because of their similarity to electronic skateboards, the term hoverboards and electronic skateboards are often used interchangeably.
However, the two products are not the same, as typically the position for riding an electric skateboard is in a turned side position, whereas the positioning for riding a hoverboard is a front facing position.
In addition to the obvious hoverboard injury related to falling off a hoverboard, there are also many users that experience instances of spontaneous or electronic fires in relation to hoverboards. In some cases hoverboard fires have occurred as a result of attempting to charge the hoverboard by plugging the unit into the wall.
In other cases, hoverboards have spontaneously combusted during the use of the product. In either case, injuries related to the product failure can result in serious injuries to the owner of the product.
What Are Some Common Legal Issues Associated with Hoverboard Fires?
Because of the nature of the product, hoverboard fires are often associated with product liability and personal injury claims. Examples of other common legal issues associated with hoverboard fires include:
- Personal Injury Claims: Hoverboard fires may result in burn injuries and damages that are caused by the hoverboard catching on fire, and resulting in burns, disfigurement, and scarring;
- Property Damage Claims: There are some cases in which an individual’s property was significantly damaged as a result of a hoverboard fire.
- For instance, when a hoverboard fire causes a fire within an owner’s home, and their home is burned as a result of the fire, they may be able to seek compensation for the property damages they suffered as result of the fire;
- Defective Product Claims: A manufacturing defect is a type of product liability claim that involves a product becoming dangerous, unsafe, or unfit for a consumer’s use because of the way that the product was constructed or assembled during the manufacturing process.
- For example, an injured person may recover damages in a defective product lawsuit if they can prove that:
- The hoverboard had an unreasonably dangerous defect at the time it was manufactured;
- The defect caused the injury while the hoverboard was being used in the way it was intended by the manufacturer; and
- The hoverboard had not been changed, or altered, from the way in which it was originally sold; and/or
- Product Recalls: A product recall is a legal means for a manufacturer or a company to remove a product from the stream of commerce that causes problems or injuries to consumers, as well as offering a remedy to an injured party.
- In many cases, the government plays a significant role in the recall process and mandates product recalls in many cases where the product resulted in injuries to consumers.
Once again, state laws associated with product liability and personal injury claims vary. In general, there is a set of commercial statutes in each state that are modeled after the Uniform Commercial Code which contain the warranty rules affecting product liability. Finally, if multiple hoverboard owners were affected by the defective product then the individuals that were injured may seek to form or join a class action lawsuit.
What If I Have Been Injured by a Hoverboard Fire?
If you have been injured as a result of a hoverboard fire, you are legally entitled to seek legal remedies from the party responsible for your injuries. In most cases, this will mean suing the manufacturer, wholesaler, distributor, or store that sold you the hoverboard unit. In order to successfully recover from injuries related to a hoverboard fire, the injured person (i.e. the plaintiff) will need to prove all of the necessary elements of a product liability claim.
Although the exact elements necessary for products liability differ by state, in general, in order to prove product liability, the plaintiff must prove the following elements:
- The product was defective upon being manufactured;
- The product’s manufacturer, seller, and/or distributor intended for the product to reach the plaintiff without any changes being made to the product through the process; and
- The plaintiff and/or their property received injuries as a result from the normal use of the product.
What Legal Remedies Are Available for Hoverboard Fire Claims?
Because of the wide range of personal injury claims and injuries that may occur as a result of hoverboard fires, the legal remedies available for hoverboard fire claims will also widely vary with regard to the specifics of each individual case.
Legal remedies for an electrical fire accident lawsuit generally include a monetary damages award, which is intended to reimburse the injured person for their losses that they suffered as a result of the hoverboard fire. Remedies that are covered by a damages award most commonly include:
- Hospital expenses;
- Property damage expenses;
- Medical costs; and
- Other costs, such as lost wages.
Examples of what may limit the amount of a plaintiff’s damage recovery can include:
- The plaintiff knew about the defect before using the product.
- This means that if the plaintiff decided to use the product despite being aware of its defect, the court may limit their recovery;
- The state’s statute of limitations.
- This means that if the plaintiff did not bring their claim during the allowed time, they may be barred from later bringing their civil claim; or
- The plaintiff mishandling the product or ignoring warnings and/or the instructions that were provided with the product, which ultimately led to the product breaking or being defective.
It is important to note that some defects are created from mishandling or tampering with an item. Admitting or denying tampering that could have rendered the hoverboard dangerous and defective is an important factor when determining liability.
There are also a variety of other legal defenses to negligence claims, the most obvious of which would be to dispute any of the components of the negligence claim itself. Two related defenses are contributory and comparative negligence. Both defenses question whether the person who was injured was in some way responsible for the injury that they suffered.
Contributory negligence jurisdictions state that any negligence on the part of the injured person is a total bar to recovery. In other words, if the plaintiff was in some way responsible for their injury, they cannot recover for their injuries.
In a comparative negligence jurisdiction, the injured person can still recover a damages award if they were responsible for their damages in some way, but their recovery is reduced by how negligent they themselves were. For example, if the plaintiff is found to be 20% responsible for the injury, their damages award would be reduced by 20%.
Assumption of risk is another legal defense that states that the injured person knew that they were doing something inherently dangerous, and chose to do it anyway. When an assumption of risk defense is successful, the defending party will not have to pay for any damages.
Do I Need a Lawyer for Help with Hoverboard Fire Legal Issues?
If you have been injured as a result of a hoverboard fire, it is in your best interests to consult with an experienced defective products lawyer. An experienced attorney will be best suited to helping you understand your state’s specific laws regarding product liability and damages awards.
An attorney can also discuss your legal options with you to provide you with the most relevant legal advice. Additionally, an experienced defective products lawyer will be able to inform you of any class action lawsuits that you can join. An attorney will also be able to help you determine who to sue, what evidence you should gather to support your claim, and will also be able to represent you in court, as needed.
