Swagway Segway
Product Liability

Palumbo & Kosofsky

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Swagway Segway hoverboard Injury Lawyers

If you have you been injured when using a Swagway, Segway or an IO Hawk hoverboard you may have a product liability case against the manufactures.

swagway fail2

The Swagway electronic skate board, IO Hawk hoverboard are inherently dangerous devices. Similar to the Segway personal mobile transportation device, the Swagaway and IO Hawk work on system stabilization technology which enables the user to control the movement with shifting weight. This makes the Swagway and IO Hawk very unstable and inherently dangerous. If you have been injured while using a Swagway and IO Hawk you may have a products liability claim against the manufactures.

What is a product’s liability case?

When a product injures a user or third party, often times this gives rise to a claim for compensation against the manufacturer of the product. There are 2 kinds of product liability claims – design defect and manufacturing defect. A manufacturing defect is when an individual product came off of the assembly line wrong, and that defect caused injuries. A design defect is when a product’s design makes it unusually dangerous. A poor design or manufacturing defect can cause a dangerous product, as well as a product lacking proper use instructions, and warnings against inconspicuous dangers of the product 

Under the design defect theory of recovery, when a product is so unreasonably dangerous it is inherently defective. Once this is established, strict liability adheres to not just the manufacturer, but to the fabricators, vendors, and everyone in the supply chain. While the burden of proof is on the injured party, the standard is that of an objective, ordinary person.

Manufacturers attempt to escape legal responsibility for badly designed or hazardous products by raising affirmative defenses. They claim that the Swagway was used improperly. They will claim that the IO Hawk is in compliance with governmental standards or is state of the art. However, a manufacture’s obligations do not stop at regulations and technology or a bare minimum standard. The real issue is not regulations or technology, but foreseeability.

The law of negligence liability states that if personal injury is foreseeable that the manufacturer should have known about the risk and acted to prevent it. When the manufacturer breaches the duty of reasonable care they are liable for the damages that their breach of care caused. 

The more utility a product has in society, the higher the threshold of foreseeability and liability would apply. In the case of the Swagway and IO Hawk, these are toys for children. So the question could be would a reasonable manufacturer have foreseen the various problems a child would have with respect to the gyroscope automation operation in the various settings that would be faced by a minor, untrained rider.

The lawyer you retain must take the “foreseeability test” very seriously. This is because Swagway and IO Hawk manufacturers defend on “assumption of risk” theories. You need an attorney that will inspect the scene and employ costly experts such as engineers, bio-mechanical experts, and accident re-constructionists to prove that the accident and injuries are not your fault. Our job is to make it clear the insurance adjustor, insurance carrier, and defense counsel that they have huge exposure to a large verdict.

Do I have a Swagway / Segway / IO Hawk Hoverboard Injury Accident Lawsuit?

If you were injured when using a Swagway / Segway / IO Hawk, consult with a product’s liability injury lawyer and file a liability claim. You need to recover compensation for medical bills, lost wages, and pain and suffering. Our office can help you recover what you are entitled to.

We welcome inquiries from accident victims as well as other lawyers.

Call us today!

 

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Personal injury lawyers Michael Palumbo and Mark Kosofsky have almost 30 years combined experience to get you the money you need. You can call us toll free 24 hours a day / 7 days a week 1-800-323-3266 and you will always get an attorney on the line for a no cost, no obligation consultation. Job accident attorneys NY, Injured at work, Disabilty, Liability, Malpractice, work related accident, workmans comp, workmens compensation. Unlike many other law firms, our attorneys go to you, be it in a hospital, your office, or your home.

 

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