Who is Responsible for Hoverboard Injuries?
May 2, 2017
They may not hover and they may not even technically be boards, but one thing is for certain, they are pretty dangerous modes of light travel. Everything from falls and property damage to straight up bursting into flames, these mini Segways have proven to be a personal injury case waiting to happen, not just for the riders, but those around them. However, whether you were riding it or somehow suffered damage by a hoverboard, who is responsible for it?
Hoverboard Product Liability
Tennessee product liability law states that manufacturers have a duty to ensure that the products they provide to the public are safe, so if the products they provide are not, they can be held liable for any injuries that are obtained while using the product. This law is the way of protecting the consumer from being bombarded by cheaply made and downright dangerous products by making sure manufacturing standards are adhered to. Hoverboards fall into three main categories under product liability:
- Design Defects – Flaws in a hoverboard’s design that made it outright dangerous to the rider.
- Manufacturing Defects – Claims that the hoverboard was manufactured in a way that deviated from its original design and rendered the board dangerous to the consumer.
- Warning Defects – Claims that the hoverboard lacked the necessary instructions or warnings that would have made it safer to use.
If a hoverboard resulted in an accident and injury because of any of the above, then you have an excellent case for product liability. In some cases, courts may hold the creator of the product responsible while other cases, such as those that deviate from the specified product design, may only hold one factory or manufacturer to blame.
However, is product liability also responsible for damage to property or to other persons that are not the rider? Well, that is a little less clear and often a more difficult matter to handle.
Although hoverboards are dangerous, it is not always the manufacturer’s fault. If you ran into someone else or were responsible for property damage then you may be the target of a negligence claim. However, if you fear you may be a target of a negligence claim, it is not always completely your fault. Accidents do happen, but you can only rightly have a claim filed against you if it was your recklessness or carelessness that resulted in damage.
For example, if you hit a pebble on the street, fell off your hoverboard, and smashed in a fence or mail box, that is not a case for negligence. However, if you were riding a hoverboard down a crowded sidewalk, failed to obey street directions, and ended up crashing into someone, then that is a negligence case just waiting to happen.
If someone else was hurt while riding your hoverboard, then there may be cases for product liability and rider negligence in equal measure. If another person was hurt, you are in no way at fault, but they may be able to file claims for their injuries against the manufacturer as will another injured person be able to file negligence claims against them.
While filing a claim is simple, proving fault in both product liability and negligence cases can be a complicated affair, at best. No matter if you were hurt by a hoverboard rider or your own hoverboard’s malfunction, you have a right to seek damages to cover your medical expenses. However, you need to consult with an experience personal injury lawyer to make sure you case is as sound as possible. For those looking to file a product liability or negligence suit in the Chattanooga area, contact the Law Firm of Dreaden & Cox for a consultation today.