Powell, Zero, Mundy’s attorneys maintain a special vigilance for products, including those that may be dangerous to consumers. The defective manufacture or design of any component parts of a motor vehicle may cause vehicle use to be unreasonably dangerous.

Electric scooters have not been immune to product liability claims as Lime, a scooter and bicycle sharing business enterprise, has issued not one but two recalls in the last six+ months. Like Uber, Lime uses a downloadable app to utilize its services. Customers rent electric scooters by scanning a code to unlock the vehicle after choosing from available vehicles on the app’s map screen.

Last October, Lime recalled approximately 2,000 scooters after announcing that a manufacturing defect could cause batteries on scooters to smolder or even ignite. The defect occurred in two types of batteries used in early models which were manufactured by Segway Ninebot. Lime claims that most of its models currently on the street are later models which do not contain the defective batteries and were not manufactured by Segway Ninebot.

Just weeks later, Lime issued a recall of another one of its scooters manufactured by the Chinese company, Okai after it was reported that the scooter’s baseboards could crack or break if ridden off a curb at a high speed. Lime notified its users that it was recalling and permanently removing all of its Okai scooters from service.

The list of products which have used batteries found to be defective is long. Phones, notebook computers, baby monitors, and cars are recent examples. Lithium-ion batteries are the culprit. Easy to recharge and able to operate for long periods of time, when defective, the consequences may be catastrophic.

Whether these defective batteries are the result of defective design, manufacture or marketing, consumers who are hurt as a result of their use may have a cause of action for damages. The law of products liability generally requires that a product meet the ordinary expectations of a consumer. Products liability arises when a manufacturer or seller makes a defective product available to consumers. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer.

Legal responsibility for a product defect that causes injury rests with all sellers of the product who are in the chain of distribution. Thus, any product manufacturer, distributor, or otherwise responsible party may be liable for any injuries caused by a defective product that poses a risk of injury.