At Kherkher Garcia, LLP, our product liability lawyers are exploring potential cases involving injuries due to the Jetson Rogue self-balancing scooter/hoverboard. If you or your child have been injured due to this product catching fire, we want to hear from you.
In the article below, we provide information about the recall, the general dangers of similar products, tips for your family’s safety, and how you can get help when a dangerous or defective product causes you harm.
Information about the Scooter/Hoverboard Recall
The Jetson Rogue self-balancing scooter/hoverboard recall began in March 2023 due to a fire hazard posed by the lithium-ion battery pack. The Consumer Product Safety Commission (CPSC) and Jetson Electric Bikes LLC, the company that manufactured the hoverboards, issued the recall after receiving reports of 53,000 hoverboards spontaneously catching fire.
In one case, a fire caused by a scooter/hoverboard killed two children in Pennsylvania. The fire started in the childrens’ bedroom and then spread to other parts of the home. Investigators determined that the scooter/hoverboard was the origin of the fire.
The scooters/hoverboards that are subject to recall were sold in Target stores nationwide from August 2018 to June 2019. They were also available online from January 2019 to November 2021. The products can be identified by the following:
- They have two wheels with light up hubcaps and come in the following colors: black, blue, red, pink, and purple with a black platform.
- Jetson is printed on one side of the body and on the top of the footpads.
- Affected units do not have a barcode on the bottom of the unit. Units with a barcode next to the serial number are not included in this recall.
Consumers who own a product subject to the scooter/hoverboard recall should immediately stop using and charging it and contact Jetson for a full refund. Jetson is contacting all known purchasers directly.
Why are Scooters and Hoverboards Dangerous?
Scooters and hoverboards, like any other recreational equipment, can pose potential hazards to children if not used properly. Here are some potential hazards associated with their use:
- Falls and Injuries: Falling off a scooter or hoverboard is a common risk, especially for inexperienced riders or those attempting tricks or maneuvers beyond their skill level. This can result in various injuries, including fractures, sprains, bruises, and head injuries.
- Collision Hazards: Scooters and hoverboards can travel at relatively high speeds, and children may not always have the coordination or judgment to avoid obstacles or people in their path. Collisions with objects or individuals can cause injuries to both the rider and others.
- Fire Hazards: Poorly manufactured or counterfeit scooters or hoverboards may have faulty batteries or electrical components. This can lead to overheating, fires, or explosions. It is crucial to ensure that the hoverboard complies with safety standards and has reputable certification.
- Injuries from Scooter Malfunction: In rare cases, scooter malfunctions can contribute to accidents and injuries. Issues with brakes, wheels, or steering mechanisms may cause accidents and should be promptly addressed by checking the scooter’s maintenance and ensuring proper functioning.
- Lack of Protective Gear: Not wearing appropriate safety gear, such as helmets, knee pads, elbow pads, and wrist guards, can significantly increase the risk of injuries in case of a fall or collision.
- Inadequate Training: Insufficient knowledge or lack of training on how to ride a hoverboard safely can increase the chances of accidents. Children should receive proper guidance and practice in a controlled environment before riding unsupervised.
To mitigate hazards, it is important for parents and caregivers to supervise scooter and hoverboard use. It is also advisable to follow the manufacturer’s guidelines and any local regulations regarding hoverboard usage.
What are Common Injuries Riders Sustain on Scooters or Hoverboards?
Riding scooters can be a fun activity for children (and sometimes adults), but it also carries the risk of injuries. Injuries to children are more common than among adults, but anyone using a scooter or hoverboard is vulnerable to injury. Here are some common injuries that can occur while riding scooters:
Falls
Falling off a scooter is one of the most common types of injuries. Riders may lose balance, trip over obstacles, or attempt maneuvers beyond their skill level, leading to falls. This can result in:
- Bruises
- Scrapes
- Cuts
Fractures and Sprains
When a child falls off a scooter, they may try to brace themselves with their hands or arms, leading to fractures or sprains in the wrists, elbows, or shoulders. These injuries can occur if they collide with an object or another person while riding as well.
Head and Facial Injuries
Riding a scooter or hoverboard without a helmet puts riders at risk of head injuries in case of a fall or collision. This includes:
- Concussions
- Skull fractures
- Traumatic brain injuries.
- Cuts
- Abrasions
- Broken teeth
Road Rash
Road rash refers to abrasions and skin injuries caused by sliding or skidding on the ground during a fall from a scooter. These injuries commonly occur when children ride on rough surfaces or fail to wear protective clothing like long pants and elbow pads.
Safety Tips For Scooters or Hoverboards
To prevent injuries while riding a scooter or hoverboard, it is important to follow safety guidelines. It is also important to understand the product, how to maintain it, and when it’s time to stop using it. Here are some safety tips for scooters and hoverboards:
- Wear Protective Gear: Riders should always wear a properly fitted helmet, knee pads, elbow pads, and wrist guards while riding a scooter.
- Choose Safe Riding Locations: Encourage riders, especially children, to ride in designated areas, such as parks, sidewalks, or skate parks, away from busy streets and traffic.
- Teach Traffic Safety: If riding near roads or areas with traffic, teach children about traffic rules, the importance of staying visible, and how to cross roads safely.
- Supervision and Training: Children should receive proper instruction and training on how to ride a scooter safely. Adult supervision is crucial, especially for younger children or those new to riding.
- Check Scooter Condition: Regularly inspect the scooter for any signs of wear, damage, or malfunction. Ensure that brakes, wheels, and other components are in good working order.
- Avoid Recalled Products: Products subject to a scooter/hoverboard recall should never be used by children or adults. These products have known defects and could be dangerous, or even life-threatening.
By following these precautions and promoting responsible scooter use, you can help reduce the risk of injuries to children while riding scooters. Unfortunately, even the most conscientious consumer can fall victim to dangerous or defective products. That’s why it is so important to explore your rights and get legal help if an injury occurs.
What to do after a Consumer Product Injury
If you or your child has experienced an injury from a consumer product, it is important to take appropriate steps to ensure your wellbeing and protect your legal rights. Here are some recommended actions to take after a consumer product injury:
Seek Medical Attention
Prioritize your health and safety by seeking immediate medical attention for the injured person. If the injury is severe or life-threatening, call emergency services or go to the nearest emergency room. Even if the injury seems minor, it is still advisable to get a professional evaluation to assess the extent of the harm and receive proper treatment.
Document the Incident
Gather evidence related to the incident and the product involved. This includes taking photos or videos of the product, retaining any packaging, and documenting the injuries sustained. This evidence may be useful if you decide to pursue a legal claim or report the incident to the appropriate authorities.
If possible, keep the product in a safe place without tampering with it, as it may be needed for further investigation. Do not attempt to repair or modify the product before consulting with relevant authorities or legal experts, as it could potentially impact the investigation process.
Report the Incident
Notify the appropriate entities about the product injury. This can include reporting the incident to the manufacturer or retailer of the product, as well as the CPSC. Provide them with detailed information about the incident, the product involved, and any injuries sustained.
Consult a Product Liability Lawyer
If the injury is significant or you believe there may be liability on the part of the manufacturer or other parties, consider consulting with a personal injury lawyer or a legal professional who specializes in product liability cases. They can provide guidance on your rights, potential legal actions, and help determine if you have a valid product liability claim for compensation.
What is a Product Liability Claim?
Consumers who are harmed by a dangerous of defective product may have grounds to file a product liability claim. Product liability claims are lawsuits filed against manufacturers, sellers, or distributors of products that are alleged to have caused injuries to consumers. There are three main types of product liability claims:
- Manufacturing Defects: These claims allege that the product was defective due to a problem in the manufacturing process. For example, a product may have been assembled incorrectly or may have contained a defective part.
- Design Defects: These claims allege that the product was defective due to its design. For example, a product may have been designed with a safety feature that was missing or with a feature that was inherently dangerous.
- Failure to Warn: These claims allege that the manufacturer or seller failed to provide adequate warnings about the risks associated with the product. For example, a product may have been sold without instructions on how to use it safely or without warnings about potential hazards.
Determining the exact cause and liability for defective products can be complex, which is why it is recommended to speak with a lawyer before attempting any action on your own.
Have Questions about the Scooter/Hoverboard Recall and Your Rights?
If you or someone you love has been injured due to a recalled scooter or hoverboard, the product liability lawyers at Kherkher Garcia can help. Our team will take the time to help you understand your legal rights and any options you may have to pursue compensation. We are passionate about helping consumers get justice when defective products cause needless harm.
To get answers, or to get a free case evaluation, call Kherkher Garcia at 713-333-1030, or contact us online.
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