How Faulty Lithium-Ion Batteries in These Scooters Are Causing Fires and What Victims Can Do
A major recall has been issued for the Swagtron SG-5 Swagger 5 Boost Commuter Electric Scooter due to serious fire and burn hazards linked to its lithium-ion battery. The United States Consumer Product Safety Commission (CPSC) announced that Walmart is pulling these scooters from its shelves and offering refunds to consumers. The recall follows multiple reports of overheating, smoking, melting, and even igniting, with at least one incident causing a fire that led to significant property damage and a burn injury.
While Walmart has taken responsibility by recalling the defective scooters sold in its stores and on its website, the manufacturer, Swagtron, based in South Bend, Indiana, has been unresponsive to CPSC inquiries about the issue. Consumers who own one of these scooters are urged to stop using and charging them immediately, cut the throttle cord, and dispose of the scooter according to hazardous waste disposal regulations.
The recalled scooters were available in black or silver and can be identified by “SWAGGER 5” printed on the handlebar stem. The defective lithium-ion battery is located beneath the deck of the scooter, and affected model numbers include SWGR5-V2-SLV, SWGR5-V2-2, SG5 Boost, SG-5S, 96262-2, 96262-9, SG-5S, and 96560-2. Owners who purchased their scooters from Walmart or Sam’s Club will receive an email with instructions on how to obtain a full refund.
Consumers with questions can contact Walmart at 800-925-6278 or visit Walmart’s recall page for additional information.
How Consumers Have Been Harmed by the Defective Swagtron SG-5 Scooters
The safety risks posed by these electric scooters are significant. Lithium-ion battery defects can lead to dangerous situations, particularly when they overheat, smoke, or ignite unexpectedly. The seven reported incidents—including one fire that resulted in property damage and a burn injury—highlight the severe consequences of using a defective product.
When lithium-ion batteries malfunction, they can enter a state of thermal runaway, a chemical reaction that causes them to overheat uncontrollably. This can lead to fires that spread quickly, especially indoors where furniture and other household materials can ignite. In the case of the Swagtron SG-5 scooter, the fire hazard has already resulted in a blaze that caused substantial damage to a residential building. The risk of serious burns, smoke inhalation injuries, and even death makes this defect a major safety concern.
Beyond the immediate physical dangers, property owners face significant losses when lithium-ion battery fires occur. Fire damage can lead to costly repairs, insurance claims, and displacement from homes or apartments. In some cases, injuries may require hospitalization, surgery, or long-term treatment, further increasing the financial burden on victims.
Legal Rights for Victims Injured by the Recalled Swagtron SG-5 Scooters
People who have been injured or suffered property damage due to the defective Swagtron SG-5 scooters may have legal grounds to file a product liability lawsuit. Manufacturers and retailers are responsible for ensuring the safety of the products they sell. When a defective product causes harm, victims have the right to seek compensation for their losses.
In this case, Swagtron’s failure to respond to the CPSC’s recall efforts raises serious concerns about its accountability. While Walmart is issuing refunds, that does not compensate victims for medical bills, property repairs, or the pain and suffering caused by a fire or burn injury. A lawsuit could hold the manufacturer responsible for their negligence and provide financial relief for those affected.
Victims may be able to file claims based on:
- Defective Design or Manufacturing: If the scooters’ lithium-ion batteries were inherently flawed due to poor design or manufacturing defects, Swagtron could be liable.
- Failure to Warn: If Swagtron was aware of the overheating risks but failed to warn consumers or properly instruct them on safe use, this could be grounds for a claim.
- Negligence: Companies have a duty to ensure their products are safe before they reach consumers. Swagtron’s lack of response to the recall efforts may indicate negligence.
The Lawsuit Process and Why an Attorney Is Necessary
Filing a product liability lawsuit can be complex, requiring strong evidence and legal arguments to prove that the defect directly caused harm. An attorney is crucial in handling each step of the legal process, including:
- Gathering Evidence: Victims must provide documentation of the defective scooter, the injuries sustained, medical treatment, and any property damage caused by the fire hazard.
- Filing a Legal Claim: A formal lawsuit must be filed against the responsible parties, which may include Swagtron and possibly other entities involved in distributing the scooters.
- Negotiating Settlements: In many cases, companies prefer to settle claims out of court rather than face a costly trial. An attorney can negotiate a fair settlement to ensure victims receive adequate compensation.
- Taking the Case to Court: If a settlement is not reached, the case may go to trial, where a jury will decide liability and damages. Legal representation is essential for presenting a strong case.
Potential Compensation in a Product Liability Lawsuit
Victims of defective Swagtron SG-5 scooters may be eligible for compensation covering:
- Medical Expenses: Costs for hospital visits, surgeries, rehabilitation, and any ongoing medical care required due to injuries.
- Property Damage: Reimbursement for fire-related damages to homes, apartments, or personal belongings.
- Lost Wages: Compensation for time missed from work due to injuries.
- Pain and Suffering: Damages for physical pain, emotional distress, and the impact of the injury on the victim’s quality of life.
- Punitive Damages: In cases of gross negligence, courts may award additional damages to punish the responsible company and prevent similar misconduct in the future.
If you or someone you love has been injured or suffered property damage due to a defective Swagtron SG-5 scooter, you may be entitled to compensation. The national product injury law firm Parker Waichman LLP is committed to holding negligent companies accountable for the harm they cause.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Call 1-800-YOUR-LAWYER (1-800-968-7529) today for a free consultation. Parker Waichman LLP can help you understand your legal options and fight for the compensation you deserve. Regardless of your location or where your injury occurred, our nationwide product injury law firm is ready to assist you.
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