Reports of severe injuries and even deaths are still emerging in association with hoverboards—the latest item kids asked for this last holiday. These boards are motorized scooters without wheels used to get around.
However, many of them began randomly bursting into flames, sending many riders to the emergency room and causing severe fires in others’ homes. This includes Louisiana, as a family home burned down due to a hoverboard fire recently.
Many of these hoverboard products are manufactured in China with very little safety oversight, and people have suffered severe damages because of it. In fact, they’ve been deemed so dangerous that airlines and companies such as Target and Amazon have banned them due to safety concerns.
Hoverboard: Personal Injury Claims, Fraud & Misrepresentation
Fires appear to be an issue with the products regardless of who makes them and whether they are charging or in use. In response, several personal injury lawsuits have been filed against the retailers, manufacturers, and sporting goods stores involved in producing and selling the products, seeking compensation for the many medical expenses, lost wages, and pain and suffering experienced by those who have been injured by the products.
Some of the lawsuits are also alleging that the company was deceptive and misleading, fraudulently claiming that the product was safe for consumers. Specifically, these allegations claim that companies like Swagway allegedly failed to disclose the defects in the product that could lead to fire and, instead, described the product as completely safe. In addition to marketing the product without disclosing its defects and implying that the product would be safe for its intended purpose, the manufacturer also failed to take proper steps to ensure that it was safe, free from defect, and not inherently dangerous.
In Louisiana, the Unfair Trade Practices and Consumer Protection Law makes all unfair or deceptive trade practices unlawful and affords redress to any harmed consumer. These types of lawsuits can also be brought under the implied warranty of merchantability and the law of unjust enrichment (on behalf of all consumers), alleging both compensatory and punitive damages.
However, ultimately, when it comes to hoverboards, many litigants are asking: when did these companies learn that there was a substantial risk of the product being defective and potentially posing a fire hazard danger during normal operations?
Personal Injury Attorneys in New Orleans
Personal injuries are not limited to car accidents; they happen all the time simply because someone—or a company—was careless in making or selling a product. The personal injury attorneys at Harrell & Nowak have helped many victims and throughout Louisiana obtain financial compensation for their injuries, including burn injuries. If you have been injured after a company acted negligently, our accident lawyers will work to ensure that your rights are protected and you receive a fair recovery for your injury. Contact us today for a free consultation.