Businesses offering fast, low-cost rentals of bikes (both conventional and motorized) and scooters are becoming a common feature in cities around the country. Being able to hop onto a scooter and zip across town is a great convenience for customers. But because scooters on busy urban streets can be dangerous, the risk of personal injury raises questions about how liable the rental business may be for their customers’ injuries. For someone injured while riding a rented scooter, there are several considerations that may come into play in any ensuing litigation.
Rental contracts probably limit liability.
Probably the most important way a rent-a-scooter business manages its risk is by requiring its customers to agree to lengthy terms and conditions that undoubtedly will include some form of waiver of liability. Such waivers are usually enforceable, even if the rent-a-scooter company has committed ordinary negligence. For example, if the last customer to ride a scooter leaves it at the rental stand with a punctured tire, and the next customer is injured when the tire goes flat at a bad moment, a waiver of liability might protect the company. That may apply even if an employee of the company inspected the scooter in a reasonably responsible way but didn’t see the puncture.
A corollary to a waiver of liability is the inherent riskiness of riding a scooter. In fact, the rental contract probably includes a specific acknowledgment that the customer is assuming the risk of injury. For many types of accidents, the customer’s assumption of risk will be clear. For example, everyone knows that a scooter that gets struck by a larger vehicle is at a significant disadvantage when it comes to personal injury. Assumption of risk may not protect the rental company against suits arising from injuries that the customer could not have foreseen at the time the contract was signed.
Gross negligence and willful misconduct.
A rental company still bears liability for behaving especially badly. In the example above, the employee who inspected the punctured tire saw the damage but ignored it may have committed gross negligence by allowing the scooter to be rented again. Even more clear-cut would be the case where the employee allowed a customer to ride away on a damaged scooter with the intent that the customer be injured. A contract cannot waive a business’s liability for wrongful acts of this sort.
Before renting any type of vehicle the customer should take a moment to confirm that insurance will cover injuries that happen while on the road. Rental companies probably offer some form of insurance, but its coverage may be limited. People who plan to routinely rent scooters as part of their regular transportation should consider taking out personal policies to provide additional coverage beyond what the rental company provides, both to cover their own injuries and the possibility of injuries to others.
GGRM is a Las Vegas personal injury law firm
For over 45 years the attorneys at Greenman Goldberg Raby Martinez have represented clients in the Las Vegas area in personal injury and auto accident cases. If you have been injured while using a rented scooter and you need help sorting through your legal options, call us today for a free attorney consultation at 702-388-4476 or request a call through our website