What ever happened to personal accountability? The article examines every possible source of liability except the scooter operator themselves. Would you examine a car accident without looking at driver liability? The man quoted at the end of the article admits to not reading the user agreement nor wearing a helmet, and yet the attorney quoted is “shocked” they would be injured!
The article doesn’t necessarily talk about liability in terms of who is at fault. The rider is the obvious and correct answer to that question. However, the article’s focus is on who actually pays for the injuries. Rider’s are usually legally at fault, but it doesn’t mean they necessarily pay. The overwhelming majority of riders are teenagers and young adults and the majority of those do not have the financial means to make the injured whole. Some will say great moral catchphrases like “too bad, take responsibility”, or “you should have thought of that before you decided to use the scooter” which is great and all, but it doesn’t change the fact that the injured still needs to be compensated, and won’t. Most lawyers won’t take a case on contingency if the Defendant can’t pay, so if they need a Lawyer they will have to pay fees up front and for many people that isn’t possible. That’s why we have insurance. Insurance is responsible, but the details of “who it covers”, “under which situations is insurance is responsible” along with other factors and variables that have yet to be decided. Because the e-scooters have become so prevalent and are still growing, it is certainly likely that these issues/details will be judicially and/or legislatively settled near future.
“In addition to injured pedestrians hit by scooters, some of her clients were hurt simply tripping over scooters left on a sidewalk, she said.”
Seems some are lacking common sense to watch where they’re walking or are looking for a payout by “accidentally” tripping over a large, and rather noticeable scooter. Is it not the careless scooter operators who are leaving the scooters in busy pedestrian walkways? Why don’t the lawsuits target the negligent consumers instead of the company? Who releases liability before you ride.
I almost ran over one of these buggers inside a parking deck at night. These things don’t have lights and the riders were joy-riding up and down the slanted parking deck ramps. IF I would have hit them of course I would have been sued for hitting the rider and damaging the scooter. Thankfully I didn’t. These things are scary. In my opinion there needs to be more control with these things.
The municipalities or colleges that allow the scooters need to develop regulations on both operation and parking of a scooter. A scooter could be ticketed similar to a vehicle, and the charge would go to the person who rented the scooter and left it parked unlawfully.
The scooter rental company could require mandatory insurance purchase with every rental for Bodily Injury or Property Damage to others.
My immediate defense against the scooter on the ground being mine, and it’s where I left it, is that it weighs 30 pounds and is easily movable. Someone could have picked it up just looking at it and then dropped it in your path. You have no proof that where you tripped over it is where I left it. Also, good luck on getting the company to rat it’s customers out and disclose their personal information opening themselves up to a lawsuit from the rider as well.
As rental of a scooter requires the use of a credit/debit card, have a charge for ride insurance. This insurance pool would be there to pay for claims from third parties unconnected to the rental. I’m a letter carrier and have been nearly run over multiple times by riders ignoring rules. Who should pay if I’m injured at work by one of these? Not me or my employer! My employer, (or myself), should be able to file a claim against this insurance pool as scooter riders could be difficult to identify or file a claim against and the scooter company won’t have to give out a renter’s private data this way. Let the renters and owners hash out their own liabilities leaving innocents whole. If I were bitten by a dog the dog owner has to pay my medical bills. Scooter riders and owners should not be allowed to cause damage to others making them suffer the consequences.
What ever happened to personal accountability? The article examines every possible source of liability except the scooter operator themselves. Would you examine a car accident without looking at driver liability? The man quoted at the end of the article admits to not reading the user agreement nor wearing a helmet, and yet the attorney quoted is “shocked” they would be injured!
The article doesn’t necessarily talk about liability in terms of who is at fault. The rider is the obvious and correct answer to that question. However, the article’s focus is on who actually pays for the injuries. Rider’s are usually legally at fault, but it doesn’t mean they necessarily pay. The overwhelming majority of riders are teenagers and young adults and the majority of those do not have the financial means to make the injured whole. Some will say great moral catchphrases like “too bad, take responsibility”, or “you should have thought of that before you decided to use the scooter” which is great and all, but it doesn’t change the fact that the injured still needs to be compensated, and won’t. Most lawyers won’t take a case on contingency if the Defendant can’t pay, so if they need a Lawyer they will have to pay fees up front and for many people that isn’t possible. That’s why we have insurance. Insurance is responsible, but the details of “who it covers”, “under which situations is insurance is responsible” along with other factors and variables that have yet to be decided. Because the e-scooters have become so prevalent and are still growing, it is certainly likely that these issues/details will be judicially and/or legislatively settled near future.
“In addition to injured pedestrians hit by scooters, some of her clients were hurt simply tripping over scooters left on a sidewalk, she said.”
Seems some are lacking common sense to watch where they’re walking or are looking for a payout by “accidentally” tripping over a large, and rather noticeable scooter. Is it not the careless scooter operators who are leaving the scooters in busy pedestrian walkways? Why don’t the lawsuits target the negligent consumers instead of the company? Who releases liability before you ride.
This is why we can’t have nice things….
I almost ran over one of these buggers inside a parking deck at night. These things don’t have lights and the riders were joy-riding up and down the slanted parking deck ramps. IF I would have hit them of course I would have been sued for hitting the rider and damaging the scooter. Thankfully I didn’t. These things are scary. In my opinion there needs to be more control with these things.
How about a ban as an attractive nuisance.
The municipalities or colleges that allow the scooters need to develop regulations on both operation and parking of a scooter. A scooter could be ticketed similar to a vehicle, and the charge would go to the person who rented the scooter and left it parked unlawfully.
The scooter rental company could require mandatory insurance purchase with every rental for Bodily Injury or Property Damage to others.
My immediate defense against the scooter on the ground being mine, and it’s where I left it, is that it weighs 30 pounds and is easily movable. Someone could have picked it up just looking at it and then dropped it in your path. You have no proof that where you tripped over it is where I left it. Also, good luck on getting the company to rat it’s customers out and disclose their personal information opening themselves up to a lawsuit from the rider as well.
I’ve almost tripped over one and thank god I didn’t otherwise I would have destroyed it into pieces.
As rental of a scooter requires the use of a credit/debit card, have a charge for ride insurance. This insurance pool would be there to pay for claims from third parties unconnected to the rental. I’m a letter carrier and have been nearly run over multiple times by riders ignoring rules. Who should pay if I’m injured at work by one of these? Not me or my employer! My employer, (or myself), should be able to file a claim against this insurance pool as scooter riders could be difficult to identify or file a claim against and the scooter company won’t have to give out a renter’s private data this way. Let the renters and owners hash out their own liabilities leaving innocents whole. If I were bitten by a dog the dog owner has to pay my medical bills. Scooter riders and owners should not be allowed to cause damage to others making them suffer the consequences.