Mobility Scooter Malfunction: Nevada Court Upholds Product Liability Claim

Mobility scooters provide essential independence for individuals with mobility limitations, but what happens when these devices malfunction, leading to injury? In Nevada, a recent court case highlights the legal avenues available to those harmed by defective mobility scooters. A Nevada court has recently upheld a product liability claim involving a mobility scooter malfunction, reinforcing the rights of users and setting a precedent for future cases. According to the Australian Institute of Health and Welfare, fall injuries related to mobility scooters have increased for older Australians aged 60 and over, rising from approximately 200 to 500 each year. This underscores the importance of ensuring these devices are safe and reliable.

Understanding the Nevada Court’s Decision

In a recent case before the federal district court in Nevada, a woman brought a product liability claim against a mobility scooter manufacturer, alleging that her scooter malfunctioned and failed to stop, causing her to fall and sustain severe injuries. The woman, a Nevada Air Force veteran with osteoporosis and Raynaud’s disease, had been provided the scooter by the Department of Veteran Affairs (VA). She sued the manufacturer for strict products liability, breach of express warranty, negligence, negligent manufacturing, and negligent hiring, training, retention, and supervision.

The manufacturer, Golden Technologies, sought to dismiss the claim, arguing lack of personal jurisdiction and failure to state a claim. However, the court found sufficient evidence of personal jurisdiction over Golden Technologies and determined that the woman had plausibly stated a strict liability claim under Nevada law. While the court dismissed the negligent manufacturing claim as duplicative and the negligent hiring, training, retention, and supervision claim for being conclusory, it upheld the core product liability claim.

To successfully argue a strict product liability claim in Nevada, a plaintiff must demonstrate that:

The product had a defect.
The defect existed when the product left the manufacturer.
The defect caused the plaintiff’s injury.

The court applied the consumer-expectation test, stating that a product is defective if it fails to perform as reasonably expected and is more dangerous than an ordinary user would contemplate. Importantly, the court noted that the malfunction itself could give rise to an inference of defect, eliminating the need for direct proof of the cause.

Mobility Scooter Malfunctions and Product Liability

Product liability law holds manufacturers, distributors, and retailers responsible for injuries caused by defective or dangerous products. In Nevada, product liability claims can arise from:

Design Defects: A flaw in the scooter’s design makes it inherently dangerous.
Manufacturing Defects: An error during the manufacturing process results in a scooter that deviates from its intended design.
Failure to Warn: The manufacturer fails to provide adequate warnings or instructions about the scooter’s potential hazards.

Mobility scooter malfunctions can lead to severe injuries, including fractures, head trauma, and other physical harm. In 2022, Department for Transport (DfT) road casualty statistics showed that nine mobility scooter users were killed and 270 were injured in collisions on UK roads. When a malfunction causes such injuries, victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

Nevada’s Strict Liability Standard

Nevada operates under a strict liability standard in product liability cases. This means that a plaintiff does not need to prove that the manufacturer was negligent. Instead, they only need to demonstrate that the product was defective, the defect existed when it left the manufacturer’s control, and the defect caused their injuries. This standard significantly benefits plaintiffs, as it removes the burden of proving fault or negligence on the part of the manufacturer.

Steps to Take After a Mobility Scooter Malfunction

If you or a loved one has been injured due to a mobility scooter malfunction in Nevada, it’s crucial to take the following steps:

Seek Medical Attention: Obtain immediate medical treatment for any injuries sustained.
Preserve the Evidence: Keep the mobility scooter in its current condition and document the malfunction with photos and videos.
Gather Documentation: Collect all relevant documents, including medical records, purchase receipts, and warranty information.
Consult with a Product Liability Attorney: Contact an experienced Nevada product liability attorney to discuss your legal options.

The Role of a Product Liability Attorney

A skilled product liability attorney can help you navigate the complexities of Nevada law and build a strong case. They can:

Investigate the malfunction and determine the cause of the defect.
Gather evidence to support your claim.
Negotiate with the manufacturer or their insurance company.
Represent you in court if necessary.

Safety Standards and Regulations

While mobility scooters enhance independence, safety standards and regulations are essential to minimize the risk of malfunctions and injuries. In Europe, wheelchairs and mobility scooters must comply with the European Directive for medical devices 93/42/EEC. These products can only be marketed if they fulfill the essential requirements outlined in Annex 1 of the Directive. In the United States, the Food and Drug Administration (FDA) classifies mobility scooters as Class II medical devices, requiring them to meet specific performance and safety standards.

These standards cover various aspects of scooter design and construction, including stability, braking, and electrical safety. Compliance with these standards helps ensure that mobility scooters are safe and reliable for users.

Promoting Mobility Scooter Safety

Several measures can be taken to promote mobility scooter safety and prevent malfunctions:

Regular Maintenance: Properly maintain your mobility scooter according to the manufacturer’s instructions.
Pre-Ride Inspections: Before each use, inspect the scooter for any signs of damage or wear.
Safe Driving Practices: Follow safe driving practices, such as slowing down on turns and avoiding distractions.
Training and Education: Seek training and education on the safe operation of mobility scooters.

Conclusion

The Nevada court’s decision to uphold a product liability claim involving a mobility scooter malfunction underscores the importance of manufacturer accountability and user safety. If you or a loved one has been injured due to a defective mobility scooter in Nevada, it’s essential to understand your legal rights and take appropriate action. Contacting a qualified product liability attorney can help you pursue the compensation you deserve and ensure that manufacturers are held responsible for their negligence.