The Most Popular Holiday Gift is “Hovering” Over Liability
One of the most popular items on wish-lists this past Christmas was the hoverboard. This board does not actually hover, but a “self balancing board” doesn’t sound near as cool as “hoverboard.” The toy functions more like a skateboard where users balance on two wheels. However, the number of severe injuries and exploding hoverboards reported has rapidly grown.
The Consumer Product Safety Commission has launched an investigation into the hoverboards, trying to identify why these boards are exploding. While no one factor has been attributed to the explosions, the lithium-ion batteries are getting a lot of attention. A couple theories of explanation include overcharging the batteries and simply putting too much energy in such a small space (within the hoverboard).
Unfortunately, these toys are unregulated, which means that the manufacturers do not have to comply with any federal safety regulations. While this may enable overseas manufacturers to easily get their products to American consumers, the consumers themselves become the “test cases.”
As investigators try to hone in on the root cause of the fires, consumers are left wondering if their boards will explode and for the victims of these fires, who is responsible? This is where product liability comes in.
Product liability occurs when a manufacturer or seller is held liable for selling a defective product to consumers. While many hoverboard companies may be facing lawsuits in this new year, the hoverboard situation is a reminder for consumers to be aware of the products they purchase. Consumers should only use the products they purchase as instructed by the manufacturer. If the consumer uses the product correctly, but the product still fails, the manufacturer or seller is the liable party.
For more information about product liability and whether or not you have a case regarding injury due to a manufacturing defect, contact Colley & Colley in Tyler, Texas today for a free consultation.