What Is a Scooter Malfunction and Defect Case?

Injured due to a defective electric scooter in Georgia or South Carolina? Our product liability attorneys hold manufacturers and rental companies accountable for dangerous e-scooter defects.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

E-Scooter Product Liability: Defects and Malfunctions

Not every e-scooter accident is caused by another driver or rider error. In many cases, the scooter itself is to blame — whether due to a manufacturing defect, a design flaw, or the rental company’s failure to properly inspect and maintain its fleet. The CPSC has tracked a growing number of e-scooter fires, brake failures, and sudden acceleration incidents linked to battery defects and component failures. When a defective scooter causes you harm, you may have a product liability claim against the manufacturer, distributor, or rental company.

At Roden Law, our product liability and e-scooter accident attorneys investigate every mechanical and electrical aspect of the scooter involved in your crash. We retain engineering experts to analyze failed components and determine whether a defect caused or contributed to your injuries.

Common E-Scooter Defects and Malfunctions

Electric scooters contain complex electrical systems and lithium-ion batteries that, when improperly designed or manufactured, can create serious safety hazards. The most common defects we encounter include:

  • Brake failure: Worn brake pads, faulty electronic braking systems, or improperly calibrated regenerative braking that fails to stop the scooter in time
  • Battery fires and explosions: Lithium-ion battery cells that overheat, swell, or ignite during charging or use — causing severe burns
  • Sudden acceleration or loss of throttle control: Software glitches or wiring defects that cause the scooter to accelerate without rider input
  • Steering column collapse: Folding mechanisms that fail during riding, causing the rider to lose control and crash
  • Wheel and tire defects: Small solid tires that crack, detach, or lose grip unexpectedly — particularly on wet surfaces
  • Electrical system failures: Headlights, taillights, or turn signals that malfunction, reducing visibility at night

Product Liability Law in Georgia & South Carolina

Georgia product liability claims are governed by O.C.G.A. § 51-1-11 and the Georgia Products Liability Act. Injured plaintiffs can pursue claims based on strict liability, negligence, or breach of warranty. The manufacturer, designer, distributor, and retailer in the chain of commerce may all bear liability for a defective product.

South Carolina follows the South Carolina Products Liability Act and recognizes strict liability for defective products under S.C. Code § 15-73-10 et seq.. Both states allow claims based on manufacturing defects, design defects, and failure to warn of known hazards. For ride-share scooter accidents involving Lime or Bird fleets, the rental company’s maintenance obligations add an additional layer of potential liability.

Rental Company Liability for Maintenance Failures

Companies like Lime, Bird, and Spin deploy thousands of shared scooters across Georgia and South Carolina cities. These scooters endure heavy daily use, exposure to weather, and rough treatment by riders. When rental companies fail to maintain their fleets — neglecting brake inspections, ignoring reported defects, or deploying scooters with known safety issues — they can be held liable for injuries that result. Our attorneys subpoena maintenance records, inspection logs, and user complaint databases to build a complete picture of corporate negligence.

Preserving Evidence in Defect Cases

If you suspect a scooter malfunction caused your accident, preserving the scooter itself is critical. Do not return a rental scooter to the company — photograph it, note the scooter ID number, and inform your attorney immediately so we can issue a spoliation letter requiring the company to preserve the scooter and its data. Modern e-scooters contain onboard computers that log speed, braking, battery temperature, and error codes — all of which can be vital evidence in your case.

Why Choose Roden Law for E-Scooter Defect Claims

Our firm has extensive experience in product liability litigation and understands the technical complexities involved in proving a defect caused your injuries. We work with mechanical engineers, electrical engineers, and accident reconstruction specialists to build compelling cases against manufacturers and rental companies. There is no fee unless we recover compensation for you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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What to Do After A scooter malfunction and defect

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Scooter Malfunction and Defect Case

To win a personal injury case involving a scooter malfunction and defect, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Scooter Malfunction and Defect Cases

Victims of a scooter malfunction and defect injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Scooter Malfunction and Defect Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Scooter Malfunction and Defect Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Scooter Malfunction and Defect Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.