Court rules scooter companies owe duty of care to prevent foreseeable injuries

Do scooter companies like Bird owe members of the public a general duty of care to prevent foreseeable injuries?

The answer is YES!! The decision in Hacala v. Bird Rides, Inc. is a big deal for consumers and pedestrians in Los Angeles and throughout California.

Sara Hacala was injured when she tripped on a sidewalk in 2019 during the busy holiday shopping season. She tripped on the rear wheel of a Bird scooter that was protruding onto the walkway. She sued Bird for her serious injuries.

The trial court dismissed the case, agreeing with Bird that the scooter company did not owe the public a duty of care to prevent foreseeable injuries. The court reasoned that it was the previous Bird scooter rider who improperly parked the scooter. If anyone was negligent, it was the scooter rider, not the scooter company.

Last week, the Court of Appeal reversed the trial court’s decision. It held that Ms. Hacala’s complaint alleged that Bird failed to manage its property and thus contributed to the risk of harm that resulted in Ms. Hacala’s injuries. The complaint pointed to the City of Los Angeles’s permit granted to Bird, which among other things, required Bird to: Ensure their vehicles are not parked in a way that impedes the regular flow of traffic; Remedy inoperable or improperly parked vehicles within two hours; Maintain a 24 hour staff response to assist with emergency scooter removals; and maintain insurance coverage.  Since the complaint contained numerous allegations that Bird’s conduct caused the plaintiff’s injuries, the Court found that Bird had a duty to prevent injuries occasioned by its want of ordinary care in the management of its property.

Hacala v. Bird Rides, Inc. is a major win for consumers and members of the public injured by scooter companies’ negligence. I have seen first-hand in my practice how a simple activity like jogging on a path in the evening or walking one’s dog resulted in painful injuries because of an improperly parked scooter. Moving forward, Hacala will be important authority for plaintiffs and their lawyers seeking to hold scooter companies accountable for their negligence in scooter injury cases in California.

If you or someone you know was injured in a Los Angeles scooter accident, whether on a Bird, Lime, Jump, Segway, or any other mobility scooter accident, contact a Los Angeles scooter accident lawyer to explore your options. My office is ready to assist, 24/6.