Litigation
Cal. Litig. 2019, Volume 32, Number 2
Content
- Editor's Foreword Better, Faster, Cheaper!
- From the Section Chair Two Summer Books, a Special Birthday, and What's Next
- Government Regulation and Citizen Safety: Three Books Reviewed
- Masthead
- Not Tentative About Tentatives: Three Perspectives on Tentative Appellate Opinions
- Stephen J. Field: Is That a Pistol in Your Robe or Do You Just Want to Flog Me?
- Table of Contents
- Tentative Rulings: a Perspective From the Trial Court Trenches
- The Singapore Convention and California's Role in a New Era of International Mediation
- Shared E-Scooters: Proliferation, Litigation, and Regulation
Shared E-Scooters: Proliferation, Litigation, and Regulation
By Zach Heinselman
Zach Heinselman is an Associate at Richards, Watson & Gershon who advises public entities on a variety of issues. zheinselman@ rwglaw.com.
In late 2017, shared electric scooters ("e-scoot-ers") appeared on the streets and sidewalks of the City of Santa Monica. They soon became ubiquitous throughout several cities across the state. These e-scootersâdockless, accessed via smart-phone apps, able to reach speeds of 15 miles per hour, frequently operated on the sidewalk by riders without helmets, and at times haphazardly parked or tossed in the public right-of-wayâare despised by some and loved by others. (E-scooters are just one type of shared mobility device; companies also offer other devices in similar dockless, smartphone app-based systems such as electric bicycles and mini electric bicycles.) Researchers have begun to study the extent of e-scooter-related injuries as the devices have proliferated. E-scooter-related accidents have resulted in thousands of injuries and several fatalities. This has prompted questions of who mayâand who shouldâbe held responsible for injuries arising from e-scooter-related accidents. This article provides a brief overview of examples of litigation and regulation related to e-scooters following their rapid proliferation.
Depending on the circumstances, liability for a prospective e-scooter accident could arguably be attributed to multiple parties. The list would include, for example, an e-scooter operator riding without due care; a third-party such as a driver crashing into an e-scooter rider; the company that offered the e-scooter for rent; the e-scooter’s manufacturer; and, potentially, a city for injuries caused by a dangerous condition of public property where the e-scooter was being operated. Plaintiffs will likely seek to include as many prospective defendants as possible. And, as is often the case, plaintiffs are likely to target defendants viewed as having deeper pockets.