When you tap 'Agree' on a Bird or Lime rental scooter app, you're agreeing to a terms of service that includes a liability waiver and mandatory arbitration clause. The scooter companies designed these agreements to prevent you from suing them in court. But these waivers are not always enforceable — and courts in multiple states have struck them down.
Challenging Unconscionable Agreements
Courts in California, New York, Texas, and other states have invalidated arbitration clauses that are procedurally unconscionable (hidden in fine print, no opportunity to negotiate) and substantively unconscionable (one-sided, unfair terms). Many e-scooter rental agreements meet both criteria. The enforceability of these clauses depends on your state's contract law.
Product Liability Claims
Waivers generally cannot shield companies from product defect liability in any state. If a Bird scooter's brakes failed, the throttle stuck, or the wheel locked, the company and manufacturer face strict product liability — regardless of what you signed. Product liability is governed by federal and state consumer protection laws that contract terms cannot waive.
Municipal Negligence
If a pothole, road defect, or improperly maintained road caused your crash, the city or municipality may be liable — not the scooter company. These claims are completely outside the scope of the scooter company's waiver.
What to Do After an E-Scooter Accident
Screenshot your rental app, document the scooter's condition (especially any defects), photograph the road surface, and get medical treatment within 24 hours. Do NOT sign any release forms from the scooter company. Contact Bond Legal at (866) 423-7724.
