It may only be a matter of time before Canadians join a growing number of personal injury lawsuits that began in the United States involving Onewheel electric skateboards.
The motorized skateboards, manufactured by Future Motion Inc., are manufactured in the U.S. and sold in this country.
Of particular note, these conveyances have been subject to mass recalls and personal injury claims after "incidents resulting in serious injury, including concussion, paralysis, upper-body fractures, lower-body fractures, ligament damage and traumatic brain injury," according to a USA Today report.
It states that between 2019 and 2021, four deaths were reported during use of the skateboards, all the result of head trauma. In three of the deaths, the riders were not wearing a helmet, USA Today reported.
Recall Issued.
Last October, Future Motion and the U.S. Consumer Product Safety Commission (CPSC), issued a recall of all types of Onewheel self-balancing electric skateboards, including Onewheel (original), Onewheel+, Onewheel+ XR, Onewheel Pint, Onewheel Pint X and Onewheel GT. The recall covered 300,000 products.
"The skateboards can stop balancing the rider if the boards' limits are exceeded, posing a crash hazard that can result in serious injury or death," the recall states.
Even though the CPSC in the United States issued the recall, the company told the BBC the recall applies to customers worldwide.
Citing a September 2023 court filing, the BBC reported there were 31 pending federal products liability actions in 15 U.S. district courts involving the Onewheel by plaintiffs who allege they fell because the skateboard stopped or shut off unexpectedly.
Some Models Are Capable of Reaching 40 km/h.
Make no mistake, these skateboards can be dangerous. According to the company's website, some of these devices can reach speeds of up to 40 km/h. I have seen riders zipping by, not just on sidewalks, but on the road. Even those wearing a helmet could face catastrophic injuries if they are suddenly thrown from the board, especially if they encounter vehicular traffic.
Users could face broken bones, lacerations, soft tissue injuries, concussion, traumatic brain injuries, paralysis and even death.
This is hands down, one of the most dangerous forms of personal transportation I have encountered as a lawyer.
Growing Number of Lawsuits.
This past June, there were 65 pending lawsuits involving Onewheel skateboards in multiple U.S. jurisdictions, according to some legal estimates.
There may be much to unpack in the lawsuits. For example, despite the CPSC warning consumers about the risk of death and serious injury with Future Motion's Onewheel self-balancing electric skateboards in November 2022, "Future Motion has refused to agree to an acceptable recall of the product."
In response, the company issued a statement saying "safety is at the core of Future Motion's business."
"Onewheel electric skateboards are safe when operated following common-sense safe riding practices that are common to any board sport," according to the company. "We strongly disagree with the CPSC's unjustified and alarmist claims, and we see no reason for riders to stop using their boards. We go to great lengths to encourage riders to educate themselves on safety and the overwhelming majority of riders use the board safely, ride within their abilities, respect the board's safety systems, follow local laws, and wear a helmet and other safety gear. Onewheel riders are adults who know that there are inherent risks in riding an electric skateboard, just as there are in other board sports like snowboarding, or with riding an e-bike, electric scooter, ATV, or motorcycle."
Contact Us if You Have Been Injured.
As a Toronto personal injury law firm that handles catastrophic injury, wrongful death, product liability, and mass tort cases, Gluckstein Lawyers was not surprised to be approached by other personal injury lawyers about potential claims involving Future Motion.
In one such case, an Ontario man alleges he was riding an Onewheel in July 2020 when it suddenly stopped, throwing him to the ground. He suffered severe and permanent injuries including a broken arm and clavicle that required surgery followed by physiotherapy.
Considering the growing number of lawsuits in the United States it is likely there could be cases in Canada that we have not yet heard about. Because of the danger these motorized skateboards present, the team of class action lawyers at Gluckstein Lawyers strongly urges Onewheel owners to give the recall notice the attention and consideration it deserves.
Depending on the number of people who have been hurt in Canada, claims could be handled by class action, mass tort or an individual personal injury claim.
Our firm was designed with our clients' well-being at heart and we are here to answer any questions you have about your claim. Your initial consultation is free and without obligation and we only charge you legal fees once your claim is settled. Contact us today.