A Segway is the trademarked name for a two-wheeled self-balancing scooter that was invented by Dean Kamen and brought to the public market in 2003. Specifically, a Segway is a type of scooter that is powered by a series of sensors, a control system, and a motor system used to propel the user of the device.
Similar to an electronically powered scooter, segways also have a handlebar and two wheels, which a rider utilizes to propel them forward. However, with a Segway, the rider balances on both wheels at the same time, regardless of whether or not the vehicle is in motion. The Segway operates by moving in a direction relative to the body weight shift of the rider who handles the scooter. In other words, if the rider leans the handles of the scooter forward, the scooter will then move forward.
What Are Some Common Legal Issues Associated with Segways?
Because the product is electrically powered, segway fires may occur. Segway fires are often associated with product liability and personal injury claims. Examples of other common legal issues associated with segway fires or incidents include:
- Personal Injury Claims: Segway fires may result in burn injuries and damages that are caused by the segway catching on fire, and resulting in burns, disfigurement and scarring.
- There may also be personal injury claims based on the defective design of the Segway, resulting in a person being thrown from the device not operating properly;
- Property Damage Claims: There are some cases in which an individual’s property was significantly damaged as a result of a Segway fire. However, property damage claims are rare because the individuals do not often possess personal segways within their homes.
- However, possession of a Segway has become increasingly popular since the introduction of the invention to the public in 2003;
- 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 involving a Segway if they can prove that:
- The Segway had an unreasonably dangerous defect at the time it was manufactured;
- The defect caused the injury while the Segway was being used in the way it was intended by the manufacturer; and
- The Segway 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 offer 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 will vary by state. In general, there is a set of commercial statutes in each state that are modeled after the Uniform Commercial Code, which contains the warranty rules affecting product liability. Finally, if multiple Segway owners were affected by the defective product, then the individuals who were injured may seek to form or join a class action lawsuit.
What Legal Remedies Are Available for Segway Injury Claims?
Because of the wide range of personal injury claims and injuries that may occur as a result of the use of a Segway, the legal remedies available for Segway injury claims will also widely vary with regard to the specifics of each individual case.
In general, most Segway injuries are a result of an electrical fire or being physically thrown from the device. Legal remedies for an electrical fire accident lawsuit generally include a monetary damages award, which is intended to reimburse the injured person for the losses that they suffered as a result of the fire. Remedies that are covered by a damages award involving a Segway most commonly include:
- Hospital expenses;
- Property damage expenses;
- Medical costs;
- 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;
- The plaintiff mishandled the product or ignored 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 Segway dangerous and defective is an important factor when determining liability.
Are Segways Allowed to Ride on the Sidewalks?
In short, it depends. Most states have enacted some legislation that specifically pertains to the use of Segways and electronic scooters. Under state law, these devices are occasionally listed as “electric personal assistive mobility devices.” Under the relevant state legislation, Segway transportation may be ordered to happen on sidewalks, bike paths, or more minor roads. As such, state law will explicitly allow Segway riders to utilize sidewalks.
State laws may also establish a minimum age for the rider to ride the Segway legally. In fact, 45 states and the District of Columbia have passed legislation that permits electric personal assistive mobility devices.
Nevertheless, Arkansas, Kentucky, Maryland, North Dakota, and Wyoming have not passed legislation that handles the use of Segways on public property, including sidewalks, bike paths, or roads. As such, it is important to consult with your local jurisdiction as to whether or not the use of Segways is permitted on sidewalks in that specific jurisdiction, as some states do not allow electronic conveyance to be ridden on sidewalks or bike paths.
Application
Learning to ride a Segway can often take time and training. Because the Segway is distinct from other devices that people use for transport, such as skates, skateboards, or bikes, the use of the Segway itself can result in accidents from riders losing their balance. However, that does not mean that the manufacturer can be held liable for such injuries.
This is because assumption of risk may be raised as a legal defense to any civil lawsuits. In an assumption of risk defense claim, the defendant will state 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.
Insurance
It is important to note that segways are not cheap. As such, many insurance companies offer insurance for segways that are used for industrial, recreational, tourist, and personal pursuits. The insurance available for segways is comparable to that for motor vehicles, consisting of collision and comprehensive coverage options to account for any injuries and damages that a rider may cause other individuals or occur themselves.
Federal Regulation
As a consumer product, the Segway is regulated by the United States Consumer Product Safety Commission and not regulated under the National Highway Traffic Safety Administration, similar to other transportation devices. There are also regulations for Segways at local and state levels.
Are There Safety Issues with the Segway?
Importantly, the Segway has been recalled twice. In 2003, approximately 6,000 segways were recalled as a result of a defect in the design. The design defect was that the Segway would suddenly stop when the batteries no longer had energy, resulting in injuries relating to the riders being jolted from the scooter.
In 2006, more than 23,000 segways were recalled because of a defect that caused them to travel backward at high speeds. Other safety issues with the Segway include:
- The scooter failing to respond to user inputs and controls;
- The scooter suddenly stopping; and
- The scooter unexpectedly jerking while in use.
What Are Some Harms That Can Ensue While Using a Segway?
Segways have been known to cause serious injuries. The Consumer Product Safety Commission has reported emergency room visits caused by segways, generally due to the fact that operating a Segway may require an advanced degree of skill. Additionally, a sudden failure of the Segway may also cause injuries.
The most common injuries associated with segways include:
What Do I Have to Prove to Receive Compensation?
If you have been injured as a result of using a Segway, 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 Segway.
In order to successfully recover from injuries related to a Segway, 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 of the normal use of the product.
Do I Need to Contact a Lawyer Regarding My Segway Injury?
If you have been injured as a result of using a Segway, 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.
A personal injury attorney can also discuss your legal options with you to provide you with the most relevant legal advice regarding your specific injury and case. 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 whom to sue and what evidence you should gather to support your claim, and will also be able to represent you in court, as needed.
