Lithium-Ion Battery Defect Poses Serious Risk of Overheating, Fires, and Injuries
Walmart has issued a recall of 17,970 Swagtron electric scooters due to a dangerous battery defect that could cause overheating and fires. The recall affects multiple models of the SG-5 Swagger 5 Boost Commuter Electric Scooters, which were sold at Walmart and Sam’s Club stores nationwide, as well as online. The affected scooters, which were available for purchase between May 2018 and October 2024, retailed for prices ranging from $175 to $450.
The issue stems from a defect in the lithium-ion batteries, which has resulted in reports of overheating, smoking, melting, and even igniting. The Consumer Product Safety Commission (CPSC) has received at least seven complaints related to battery malfunctions, including one instance where a scooter caught fire, causing serious burn injuries and extensive property damage to a residential apartment building.
These scooters can be identified by the large "SWAGGER 5" branding printed on the stem of the handlebars. The recalled model numbers include SWGR5-V2-SLV, SWGR5-V2-2, SG5 Boost, SG-5S, 96262-2, 96262-9, SG-5S, and 96560-2. Consumers who own one of these models are advised to stop using the scooter immediately and avoid charging it, as continued use or charging could lead to dangerous overheating incidents.
In response to the recall, Walmart has instructed customers to cut the throttle cord and dispose of the scooter in accordance with local hazardous waste disposal regulations. Lithium-ion batteries require specific disposal procedures, and municipalities may have different rules regarding safe handling. Walmart has also stated that it will be reaching out to customers who purchased the recalled scooters, providing instructions on how they can obtain a full refund.
The Dangers of Defective Lithium-Ion Batteries
The safety concerns linked to these scooters highlight the risks associated with defective lithium-ion batteries, which have been the cause of numerous product recalls in recent years. While these batteries are commonly used in many consumer electronics, including e-scooters, electric bikes, and smartphones, they can become highly unstable if they are poorly manufactured or contain faulty components. Overheating can lead to thermal runaway, a chain reaction that rapidly increases the battery’s temperature, potentially resulting in smoke, fire, or even explosions.
When a lithium-ion battery ignites, it can be extremely difficult to extinguish, often requiring specialized firefighting measures. In the case of the Swagtron electric scooter recall, one of the reported incidents caused significant damage to an apartment building, underscoring the severity of the risk. Individuals who have suffered burn injuries or property loss due to the defective scooters may be entitled to seek legal action against the manufacturer or retailer.
Legal Rights for Victims of Defective Swagtron Scooters
Consumers who have been harmed due to a defective Swagtron scooter may have grounds to file a product liability lawsuit against the responsible parties. Manufacturers, distributors, and retailers can be held accountable when their products cause harm due to defects in design, manufacturing, or failure to warn about known risks.
In the case of these scooters, liability could extend to Swagtron, the manufacturer of the SG-5 Swagger 5 Boost models, as well as Walmart, which sold nearly 18,000 units to consumers. If the manufacturer was aware of battery issues but failed to issue a timely recall, this could further strengthen claims against them. Similarly, if Walmart continued selling scooters after reports of overheating incidents surfaced, it could be held responsible for negligence.
Victims who suffered injuries, property damage, or other losses due to the defective scooters may be able to recover compensation for medical expenses, lost wages, pain and suffering, and repair costs for damaged property. Those who experienced serious injuries, such as burns requiring medical treatment, may also seek damages for long-term care and emotional distress caused by the incident.
The Legal Process for Filing a Product Liability Claim
Filing a product liability lawsuit involves several key steps. First, victims must establish that they were using the product as intended when the injury or damage occurred. In cases involving defective lithium-ion batteries, it is important to preserve any remaining evidence of the scooter or battery pack to demonstrate how the defect contributed to the fire or explosion.
Once evidence is gathered, a legal complaint is filed against the responsible parties, outlining the defect, the harm suffered, and the damages being sought. This leads to a period of discovery, where both sides exchange evidence, including internal company records that may reveal whether the manufacturer was aware of the defect before the recall was issued.
Many product liability cases settle before trial, with manufacturers and retailers opting to pay compensation rather than risk a costly court battle. However, if a fair settlement cannot be reached, the case proceeds to trial, where a judge or jury determines liability and awards damages.
Why Legal Representation is Essential
Pursuing a lawsuit against a large retailer like Walmart or a manufacturer like Swagtron requires legal experience and resources. These companies often have teams of attorneys working to minimize payouts or deny claims altogether. Without legal representation, victims may find themselves pressured into accepting inadequate settlements that do not fully cover their losses.
An attorney can help victims by gathering evidence, negotiating with insurance companies, and ensuring that all liable parties are held accountable. Whether the case involves burn injuries, property loss, or other damages, a legal professional can build a strong case and fight for fair compensation.
Compensation Available in a Product Liability Case
Victims of defective Swagtron scooters may be eligible to recover damages, including:
- Medical Expenses: Coverage for hospital visits, burn treatments, and ongoing medical care.
- Lost Wages: Compensation for time missed from work due to injuries.
- Property Damage: Reimbursement for destroyed or damaged belongings, including homes or vehicles affected by battery fires.
- Pain and Suffering: Damages for physical pain, emotional distress, and trauma caused by the incident.
- Punitive Damages: In cases where the manufacturer acted with reckless disregard for safety, punitive damages may be awarded to deter similar misconduct.
If you or a loved one has suffered injuries or property damage due to a defective Swagtron electric scooter, you may have the right to pursue legal action. Parker Waichman LLP is dedicated to helping victims hold negligent manufacturers and retailers accountable.
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