Mobility Scooter Malfunction: Can You Sue for a Defective Medical Device in Nevada?

Mobility scooters provide a vital lifeline for individuals with mobility impairments, offering increased independence and freedom. However, when these medical devices malfunction due to defects, the consequences can be devastating. In Nevada, if you’ve been injured due to a mobility scooter malfunction, you might be wondering: Can you sue for a defective medical device? The answer is yes, and this blog post will guide you through the legal landscape.

Mobility Scooter Malfunctions and Injuries

Mobility scooters, like any other medical device, are susceptible to defects that can lead to malfunctions and serious injuries. Common problems include:

Battery Issues: Batteries that fail to hold a charge, drain quickly, or explode can cause the scooter to stop unexpectedly, leading to falls and injuries.
Brake Failure: Defective brakes can result in collisions and accidents, especially on slopes or in busy areas. In fact, brake failure is a common issue with mobility scooters, so regular brake inspections are recommended.
Throttle Problems: A malfunctioning throttle can cause unintended acceleration or deceleration, leading to loss of control.
Steering Issues: Faulty steering mechanisms can make it difficult to maneuver the scooter, increasing the risk of accidents.
Wheel and Tire Defects: Flat tires, uneven wear, or defective wheels can compromise stability and lead to rollovers or falls.
Electrical Faults: Electrical problems can cause the scooter to shut down unexpectedly or malfunction in other ways.
Damaged Motors: Motors can be damaged by driving in puddles or dusty, sandy areas.
Ignition Switch Problems: A broken or faulty ignition is common on mobility scooters because they are located in a place that is open to the elements, making them prone to corrosion.

These malfunctions can result in a range of injuries, from minor bruises and fractures to severe head trauma and spinal cord injuries. According to the Australian Institute of Health and Welfare, over 4,500 people were admitted to the hospital for a possible mobility scooter-related injury between 2011 and 2016.

Nevada Product Liability Law: Your Legal Recourse

Nevada law provides a framework for those harmed by defective medical devices, including mobility scooters, to seek justice. Product liability law holds manufacturers, distributors, and sometimes even healthcare providers accountable for injuries caused by defective products. In Nevada, product liability claims generally fall under the following categories:

Strict Liability: Nevada follows the doctrine of strict product liability, meaning that a defendant is liable when a plaintiff proves that a product is defective, regardless of whether or not the defendant was intentionally negligent. This is particularly significant because it simplifies the legal process for victims. As long as you can demonstrate that the product was defective and directly resulted in your injury, manufacturers and sellers can be held responsible, regardless of whether they exercised care during production.
To prove strict liability in Nevada, the plaintiff must prove:
- The product had a defect.
- The product’s defect existed at the time of sale and outside of the plaintiff’s possession.
- The product was used for its intended purpose or in a foreseeable manner.
- The product defect caused the injuries and damages that the plaintiff sustained.
- Negligence: This applies if the injury was due to a manufacturer’s failure to exercise reasonable care in the design, manufacture, or labeling of the device.
- Breach of Warranty: If the device fails to meet the terms of its expressed or implied warranty, this can form the basis of a legal claim.

In Nevada, “product liability” refers to the legal responsibility of manufacturers, distributors, and retailers to ensure that the products they produce and sell are safe and free from defects that could harm consumers.

Who Can Be Held Liable?

In a defective mobility scooter case, several parties could be held liable, including:

The Manufacturer: If the scooter was defectively designed or manufactured.
The Distributor: If the distributor knew about the defect and failed to warn consumers.
The Retailer: If the retailer sold the scooter knowing it was defective.

Damages You Can Recover

If you’ve been injured by a defective mobility scooter in Nevada, you may be entitled to compensation for:

Medical Expenses: Both current and future healthcare costs related to your injury will be covered.
Lost Wages: You can receive compensation for time missed from work due to the injury.
Pain and Suffering: You can seek damages for the physical and emotional distress the defect caused.
Punitive Damages: In cases of gross negligence or intentional wrongdoing, additional damages may be awarded to punish the wrongdoer and deter similar conduct.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. Nevada law imposes a statute of limitations for product liability claims—typically two years from the date of injury. Missing this deadline could bar you from recovering compensation for your injuries.

Steps to Take If Injured

If you’ve been injured due to a mobility scooter malfunction, it’s essential to take the following steps:

Seek Medical Attention: Your health is paramount. Ensure you get the necessary medical treatment for your injuries.
Preserve Evidence: Keep the medical device (if possible), medical records, and any related documentation.
Notify the manufacturer or retailer about the defect.
Contact an Attorney: Early legal advice can be crucial. A product liability lawyer can evaluate your case, explain your rights, and guide you through the legal process.

Recent Case

In a recent Nevada case (Spitzers v. Golden Technologies Inc., No. 2:25-cv-00541-JAD-BNW (D. Nev. Oct. 22, 2025)), a mobility scooter manufacturer failed to dismiss a woman’s product liability claims after her scooter malfunctioned and caused her injuries. The court found that the woman had sufficiently pleaded her strict products liability claim.

Conclusion

A mobility scooter malfunction can have devastating consequences, but Nevada law provides avenues for seeking compensation if the malfunction was due to a defect. If you or a loved one has been injured by a defective mobility scooter, it’s crucial to consult with an experienced Nevada product liability attorney to protect your rights and pursue the compensation you deserve.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss the specific facts of your case.