Beyond the Liability Waiver
When you unlock a Bird, Lime, or other rental e-scooter, you're typically asked to agree to terms that include a liability waiver and arbitration clause. Many riders assume these waivers prevent any legal action against the company. In reality, courts have increasingly found these waivers unenforceable when the company was negligent in maintaining or deploying the scooter.
When Rental Companies Are Liable
Rental scooter companies can be held liable for: Defective equipment — brake failures, throttle malfunctions, steering issues, and battery fires. Companies have a duty to regularly inspect and maintain their fleet. Negligent deployment — placing scooters in dangerous locations (steep hills, high-traffic corridors without bike lanes) or allowing scooters to accumulate blocking sidewalks and creating tripping hazards. Inadequate safety features — failing to implement speed governors in pedestrian zones, not requiring helmet use where legally mandated, or not limiting scooter availability during nighttime hours when accident rates spike.
Product Liability Claims
When a scooter malfunction causes injury, victims can pursue strict product liability claims — meaning you don't need to prove the company was negligent, only that the product was defective and caused your injury. This applies to design defects (inherently unstable scooter design), manufacturing defects (faulty brakes in a specific unit), and failure to warn (inadequate instructions about weight limits or terrain restrictions).
Building Your Case
Critical evidence includes: the scooter's maintenance records (obtainable through discovery), the scooter's GPS and telemetry data, photos of the defective component, your medical records, and witness statements. Time is critical — rental companies may repair or destroy the specific scooter quickly. Contact Bond Legal immediately at (866) 423-7724 to preserve evidence.
