A rider on a Bird or Lime scooter swerves into you on a Detroit sidewalk, sending you to the ground. Your elbow is scraped, your wrist is sprained, and your phone is cracked.
Or: You step on a parked e-scooter left in the middle of the sidewalk, trip, and fall, hitting your head and cracking several ribs.
E-scooters have become ubiquitous in Detroit in recent years. They're convenient for riders but pose hazards for pedestrians, cyclists, and other users of public spaces. When an e-scooter accident injures you, the question becomes: Who is liable?
The E-Scooter Liability Landscape
E-scooter liability is complex because multiple parties are involved:
The Scooter Rental Company
Companies like Lime, Bird, and other scooter operators bear responsibility for their vehicles and their riders.
The Scooter Rider
The person operating the scooter may be negligent in their operation.
The City or Municipality
The city that allows scooters to operate on its streets may bear liability for failing to regulate the scooters or maintain safe streets.
Property Owners
A property owner adjacent to the accident scene may be liable if their property contributed to the hazard (e.g., a pothole that caused a scooter to tip).
Manufacturers
If a defect in the scooter itself caused the accident, the manufacturer may be liable.
Scooter Rental Company Liability
Negligent Operation by Users
A scooter rental company can be liable for an accident caused by a negligent rider if the company is responsible for the rider's conduct. However, most scooter rental companies argue they are not liable for the actions of independent users.
Negligent Maintenance
If a scooter was in poor condition — brakes not working, wheels misaligned, deck cracked — and this caused an accident, the rental company is liable for negligent maintenance.
Negligent Deployment
If a scooter was left in a dangerous location — blocking a sidewalk, in a pedestrian walkway, on a stairs, on a steep hill — the rental company's negligence in deploying the scooter may be liable.
In particular, scooters left in the middle of sidewalks create trip hazards for pedestrians. If you trip over a scooter left by a rental company and are injured, the rental company may be liable for negligent placement.
Failure to Maintain Safe Streets
Scooter companies have some responsibility to ensure their scooters do not create hazards. If scooters are routinely left in dangerous locations, this reflects on company practices.
City and Municipal Liability
Detroit and other cities have licensing agreements with scooter companies. These agreements typically set forth rules for scooter deployment, parking, and maintenance. If a city fails to enforce these rules, the city may bear liability for accidents caused by scooters.
Failure to Regulate Scooters
If Detroit allowed scooters to operate without adequate regulation, creating hazardous conditions, Detroit may be liable.
Dangerous City Infrastructure
Even without scooters, many Detroit streets are in poor condition — potholes, broken sidewalks, debris. If these conditions contributed to a scooter accident (e.g., a rider hit a pothole and fell), Detroit may be liable for failing to maintain safe streets.
However, challenging municipal liability is difficult. Cities typically enjoy limited immunity under Michigan law, and the burden is on you to prove the city's negligence caused your injury.
Product Liability and Scooter Defects
If a scooter's defect caused an accident, the manufacturer may be liable under product liability law. Potential defects include:
Brake Failure
If a scooter's brakes failed, causing a rider to crash into you, the manufacturer may be liable.
Steering Defects
If the steering mechanism was defective, causing the scooter to veer uncontrollably, the manufacturer is liable.
Wheel or Deck Defects
If a wheel broke or the deck fractured, causing a crash, the manufacturer is liable.
Design Defects
If the scooter was inherently unstable due to poor design, the manufacturer is liable.
Your Claim Options If Injured by an E-Scooter
If you're injured by an e-scooter, your claim options depend on the circumstances:
Hit by a Negligent Rider
If an e-scooter rider struck you due to their negligent operation, you have a claim against the rider. If you can establish that the rental company was negligent in how it deployed the scooter or selected its users, you may also have a claim against the rental company.
Tripped Over a Parked Scooter
If you tripped over a scooter left in a dangerous location, you have a claim against the scooter rental company for negligent placement. You may also have a claim against the city if the city failed to regulate scooter deployment.
Injured by a Defective Scooter
If a scooter defect caused your injury (whether you were riding it or hit by a defective scooter), you have a product liability claim against the manufacturer.
Damages in E-Scooter Cases
If you're injured in an e-scooter accident, you can recover:
Medical Expenses
Emergency treatment, stitches, X-rays, cast, therapy, and follow-up care.
Lost Wages
If the injury prevented you from working, you can recover lost wages.
Pain and Suffering
Physical pain, emotional distress, and anxiety related to the accident.
Scarring and Disfigurement
Road rash and other visible injuries often leave scars. Damages for scarring are available.
Challenges in E-Scooter Cases
Identifying the Responsible Rider
If you're hit by a scooter, identifying the rider may be difficult. In some cases, the rental company has records of who rented the scooter.
Comparative Fault
Michigan is a "comparative fault" state. If you were partly at fault for the accident — for example, if you were distracted and didn't see the scooter — this reduces your recovery proportionally.
Insurance Coverage
Does the rider have insurance? Does the rental company have insurance? These questions affect your ability to collect compensation.
What to Do If Injured by an E-Scooter
Document the Accident
Take photos of the scooter, the accident scene, and your injuries. If possible, get the scooter's ID number or license plate number.
Get Witness Information
Get the names and contact information of anyone who saw the accident.
Report to Law Enforcement
Call the police to report the accident. This creates an official record.
Get Medical Treatment
Seek immediate medical treatment for your injuries. Preserve medical records.
Contact an Attorney
Contact a personal injury attorney experienced in e-scooter cases. An attorney can identify the responsible parties, investigate the accident, and pursue your claim.
Why You Need an Attorney
E-scooter accidents involve complex liability questions and multiple potential defendants. Identifying which parties are liable requires investigation and legal knowledge. Insurance coverage and collection issues can also be complicated.
If you've been injured in an e-scooter accident in Detroit, contact our firm for a free consultation. We'll investigate the accident, identify all responsible parties, and pursue your claim to secure fair compensation.
