Comprehensive guide to pursuing injury claims against Lime, Bird, Revel, and other e-scooter rental companies in New York. Covers CPLR Article 14-A comparative negligence, NYC e-scooter regulations, 3-year statute of limitations, and strategies for overcoming liability waivers.
New York E-Scooter Injury Claims
E-scooter injuries have surged in New York since the legalization of shared e-scooter programs in 2020. Riders injured due to mechanical failures, road hazards, driver negligence, or inadequate maintenance may have claims against e-scooter companies, property owners, or municipalities. New York law provides strong protections for injured riders through its pure comparative negligence system.
New York E-Scooter Legal Framework
New York Vehicle and Traffic Law Section 114-e defines e-scooters and establishes the regulatory framework:
Maximum speed: E-scooters are limited to 15 mph in NYC, 20 mph elsewhere in New York
Age requirement: Riders must be at least 16 years old
Helmet requirement: Mandatory for riders under 18 years old
Where to ride: Bike lanes, streets with speed limits of 30 mph or less; sidewalk riding prohibited
NYC pilot programs: DOT-authorized shared e-scooter programs in the Bronx, Queens, and Staten Island
Common E-Scooter Injury Scenarios
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Mechanical Failures
Brake malfunctions, throttle sticking, handlebar collapse, wheel detachment, battery fires. E-scooter companies have a duty to properly maintain their fleets.
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Road Hazards
Potholes, uneven pavement, construction debris, metal plates, drainage grates. NYC or property owners may be liable for dangerous conditions.
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Motor Vehicle Collisions
Drivers failing to yield, dooring incidents, right-hook crashes, running red lights. Standard negligence claims against drivers apply.
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Pedestrian Collisions
E-scooter riders may be liable for striking pedestrians; pedestrians may have claims against riders or rental companies.
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Inadequate Safety Features
Missing or non-functional lights, no reflectors, inadequate braking systems, defective software causing sudden stops.
CPLR Article 14-A: Pure Comparative Negligence
New York follows pure comparative negligence under CPLR Section 1411. Your damages are reduced by your percentage of fault, but you can recover even if you are mostly at fault. This is more favorable than many states that bar recovery if you are 50% or more responsible.
Example: If you were not wearing a helmet and this contributed to head injuries, you may be found 20% at fault. If your damages are $500,000, you would still recover $400,000.
Statute of Limitations
Critical Deadlines
Private parties (e-scooter companies, drivers, property owners): 3 years from the date of injury under CPLR Section 214
Government entities (NYC, MTA, Port Authority): Notice of Claim must be filed within 90 days under General Municipal Law Section 50-e, then lawsuit within 1 year and 90 days
Product liability claims: 3 years from injury date under CPLR Section 214
If your injury involves a road defect or municipal property, the 90-day Notice of Claim deadline is critical. Missing this deadline can bar your claim entirely.
Theories of Liability for E-Scooter Injuries
E-scooter injury claims in New York can proceed under multiple legal theories depending on the circumstances of the accident and the parties involved.
1. Negligence Against E-Scooter Companies
E-scooter rental companies like Lime, Bird, and Revel owe a duty of reasonable care to riders. Claims may arise from:
Failure to maintain: Inadequate inspection, repair, or replacement of worn or defective components
Inadequate warnings: Failure to warn about known hazards, riding risks, or equipment limitations
Negligent deployment: Placing scooters in dangerous locations, on steep hills, or in areas with known hazards
2. Product Liability Claims
Under New York product liability law, you may pursue claims against e-scooter manufacturers for:
Design defects: The scooter was inherently dangerous due to its design (insufficient braking power, unstable wheel size, battery placement creating fire risk)
Manufacturing defects: A defect in manufacturing made your specific scooter dangerous
Failure to warn: Inadequate warnings about foreseeable risks of use
New York applies strict liability for manufacturing defects and negligence standards for design defects (risk-utility test under Denny v. Ford Motor Co.).
3. Premises Liability for Road Hazards
Property owners and municipalities may be liable for hazardous conditions that cause e-scooter accidents:
NYC and municipalities: Potholes, uneven pavement, dangerous drainage grates, construction debris
Construction companies: Debris, uneven surfaces, inadequate barriers or warnings
Overcoming Liability Waivers
E-scooter companies require riders to accept terms of service that typically include liability waivers. However, these waivers are not absolute under New York law.
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General Obligations Law Section 5-326
Waivers for recreational activities on "places of amusement or recreation" that charge a fee are void as against public policy. This may apply to paid e-scooter rentals.
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Gross Negligence Exception
New York courts will not enforce waivers for gross negligence or reckless conduct. Failure to maintain brakes or ignoring known defects may constitute gross negligence.
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Ambiguity Against Drafter
Waivers must be clear and unambiguous. Courts construe ambiguous language against the e-scooter company (contra proferentem rule).
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Unconscionability
A waiver may be unenforceable if it is procedurally unconscionable (hidden in fine print, no opportunity to negotiate) or substantively unconscionable (shocks the conscience).
NYC Notice of Claim Requirements
If your injury was caused by a road defect on NYC property (pothole, uneven pavement, dangerous grate), you must file a Notice of Claim with the NYC Comptroller within 90 days of the accident under General Municipal Law Section 50-e.
Additionally, under NYC Administrative Code Section 7-201(c), NYC is only liable for sidewalk and roadway defects if it had prior written notice of the specific defect. Check the Big Apple Pothole and Sidewalk Protection Committee records to see if the defect was previously reported.
Evidence Gathering for E-Scooter Injury Claims
Successful e-scooter injury claims require comprehensive evidence collection immediately after the accident. E-scooter companies collect extensive data that can support or undermine your claim.
Immediate Evidence Collection
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Scene Documentation
Photograph the e-scooter, location, road conditions, any hazards, traffic signals, and your injuries. Video the area showing context.
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E-Scooter Identification
Record the scooter's ID number, QR code, company name, and any visible damage or defects. Screenshot your app showing the rental.
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Witness Information
Get names, phone numbers, and emails of any witnesses. Ask if they will provide a written statement.
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Police Report
If a motor vehicle was involved, call 911 and obtain a police accident report. For injury-only accidents, file a report online through NYC 311.
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Nearby Surveillance
Identify nearby businesses or buildings that may have surveillance cameras capturing the accident.
E-Scooter Company Data Requests
E-scooter companies collect extensive telemetry data. Your demand letter should request preservation and production of:
Data Type
What It Shows
Why It Matters
GPS/Trip Data
Route, speed, sudden stops, acceleration patterns
Shows what happened before the crash; may prove mechanical failure
Maintenance Records
Inspection dates, repairs, reported issues
Shows whether company knew of defects and failed to repair
Prior Complaints
User reports about this specific scooter
Establishes notice of problems; shows pattern of defects
Diagnostic Data
Battery levels, brake function, error codes
May prove mechanical failure at time of accident
Fleet-wide Defect Reports
Similar failures across scooter fleet
Shows company knew of systemic defects
Evidence Preservation Demand
Send a written preservation demand to the e-scooter company immediately. This letter should:
Identify the specific scooter by ID number and rental date/time
Demand preservation of all telemetry data, maintenance records, and prior complaints
Warn that destruction of evidence may result in spoliation sanctions
Request that the physical scooter be preserved for inspection
E-scooter companies may overwrite telemetry data quickly. Sending this letter immediately creates a legal obligation to preserve evidence.
Medical Documentation
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Emergency Room Records
Get treated immediately. ER records document your injuries at the time of the accident and establish causation.
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Follow-up Treatment
Maintain consistent treatment. Gaps in treatment allow defendants to argue your injuries resolved or were not serious.
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Imaging and Test Results
X-rays, MRIs, CT scans, and other diagnostic tests provide objective evidence of injuries.
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Specialist Consultations
See appropriate specialists (orthopedist, neurologist, etc.) for serious injuries. Their opinions carry weight.
Damages in New York E-Scooter Injury Cases
New York allows recovery of both economic and non-economic damages in personal injury cases. Unlike some states, New York does not cap non-economic damages in most personal injury cases.
Economic Damages
Medical expenses: Past and future medical bills, including ER, surgery, physical therapy, medications, medical devices
Lost wages: Income lost due to inability to work during recovery
Future lost earning capacity: If injuries cause permanent disability affecting your ability to earn
Property damage: Personal items damaged in the accident (phone, clothing, etc.)
Out-of-pocket expenses: Transportation to medical appointments, home modifications, hired help
Non-Economic Damages
Pain and suffering: Physical pain from injuries and treatment
Emotional distress: Anxiety, depression, PTSD, fear of riding
Loss of enjoyment of life: Inability to participate in activities you previously enjoyed
Disfigurement and scarring: Visible injuries causing embarrassment or self-consciousness
Loss of consortium: Impact on relationship with spouse (claimed by spouse)
Settlement Value Factors
Injury Type
Typical Settlement Range
Key Factors
Soft tissue injuries (sprains, strains)
$10,000 - $50,000
Treatment duration, recovery time, impact on work
Fractures requiring surgery
$75,000 - $300,000
Complexity of surgery, hardware, permanent limitations
Traumatic brain injury
$200,000 - $2,000,000+
Severity, cognitive impairment, need for ongoing care
Spinal cord injury
$500,000 - $5,000,000+
Level of paralysis, lifetime care costs
Facial scarring/disfigurement
$50,000 - $500,000
Location, visibility, age of victim
New York No-Fault Law Does NOT Apply
New York's no-fault insurance law (Insurance Law Article 51) applies only to motor vehicles. E-scooters are not "motor vehicles" under this law, so you are not limited by the serious injury threshold that applies to car accident claims.
This means you can recover non-economic damages (pain and suffering) for any injury, not just injuries meeting the serious injury threshold.
Comparative Fault Impact
Under CPLR Article 14-A, your damages are reduced by your percentage of fault:
Comparative Fault Examples
Not wearing helmet (if under 18): May increase your fault percentage for head injuries
Riding on sidewalk: Violation of traffic law may increase fault percentage
Distracted riding (phone use): May share fault if you could have avoided hazard
Riding at excessive speed: May share fault even if speed was within scooter's capability
However, under pure comparative negligence, you can still recover even if you are 80% or 90% at fault. Your recovery is simply reduced proportionally.
New York E-Scooter Injury Demand Letter Templates
Use these professionally drafted templates as starting points for your demand letters. Customize with your specific facts, injuries, and damages.
Demand Letter to E-Scooter Company (Mechanical Failure)
[Your Name]
[Your Address]
[City, State ZIP]
[Email]
[Phone]
[Date]
[E-Scooter Company Name]
Legal Department
[Company Address]
Via Certified Mail, Return Receipt Requested
RE: PERSONAL INJURY CLAIM - MECHANICAL FAILURE
Scooter ID: [ID Number]
Rental Date/Time: [Date and Time]
Location: [Accident Location, NYC]
Dear Sir or Madam:
I represent myself in connection with injuries I sustained on [Date] while riding one of your e-scooters in [Location], New York. This letter constitutes formal notice of my claim and demand for compensation.
FACTS OF THE INCIDENT
On [Date] at approximately [Time], I rented e-scooter ID [Number] through your app at [Start Location]. While riding in [Location], the [describe mechanical failure - e.g., "front brake failed to engage despite repeated application" or "the throttle became stuck, causing the scooter to accelerate uncontrollably"].
As a direct result of this mechanical failure, I lost control of the scooter and [describe accident]. I sustained the following injuries: [List injuries].
LIABILITY UNDER NEW YORK LAW
Your company is liable for my injuries under multiple theories:
1. NEGLIGENCE: Under New York law, you owed me a duty of reasonable care to provide a safe, properly maintained e-scooter. You breached this duty by failing to inspect, maintain, or repair the scooter's [brake system/throttle/etc.].
2. STRICT PRODUCT LIABILITY: The mechanical failure constitutes a manufacturing or design defect rendering the scooter unreasonably dangerous.
3. BREACH OF IMPLIED WARRANTY: Under New York UCC Section 2-314, the scooter was not merchantable and fit for its ordinary purpose.
Your liability waiver is unenforceable under New York General Obligations Law Section 5-326 and public policy against waivers of gross negligence.
EVIDENCE PRESERVATION DEMAND
You are hereby directed to immediately preserve all documents and data related to this scooter and incident, including:
- GPS and telemetry data for scooter ID [Number] for 30 days before and after the incident
- Maintenance and inspection records for this scooter
- Prior user complaints or reports about this scooter
- Diagnostic data and error logs
- Fleet-wide reports of similar defects
- Physical preservation of the scooter for expert inspection
Destruction of this evidence will result in spoliation sanctions.
DAMAGES
I have incurred the following damages:
- Medical expenses to date: $[Amount]
- Anticipated future medical expenses: $[Amount]
- Lost wages: $[Amount]
- Pain and suffering: [Describe impact on life]
DEMAND
I demand payment of $[Amount] within 30 days to resolve this claim. This demand will expire on [Date]. If I do not receive satisfactory response, I will file suit in New York Supreme Court and seek all available damages including punitive damages for gross negligence.
New York's 3-year statute of limitations under CPLR Section 214 preserves my right to file suit until [Date 3 years from incident].
Please direct all communications to me at the address above.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
- Medical records and bills
- Photos of injuries and accident scene
- Screenshot of rental confirmation
Notice of Claim to NYC (Road Defect)
[Your Name]
[Your Address]
[City, State ZIP]
[Date - Must be within 90 days of incident]
New York City Comptroller
Office of the Comptroller
Claims Division
1 Centre Street, Room 1200
New York, NY 10007
NOTICE OF CLAIM PURSUANT TO GENERAL MUNICIPAL LAW SECTION 50-e
Claimant: [Your Full Legal Name]
Date of Birth: [DOB]
Address: [Current Address]
Date of Incident: [Date]
Time of Incident: Approximately [Time]
Location of Incident: [Exact address, cross streets, borough]
Nature of Claim:
On [Date], at approximately [Time], I was riding an e-scooter [direction] on [Street] near [Cross Street] in [Borough], New York. At that location, there was a [describe defect - pothole, uneven pavement, raised metal plate, etc.] in the [roadway/bike lane/intersection].
The [defect] caused me to lose control of the e-scooter and fall, resulting in the following injuries: [List injuries].
This defect was dangerous, existed for a sufficient period for the City to discover and repair it, and the City negligently failed to maintain the roadway in a safe condition.
Injuries Sustained:
[Detailed list of injuries, including fractures, lacerations, soft tissue injuries, etc.]
Medical Treatment:
[List hospitals, doctors, and treatment received to date]
Damages Claimed:
I claim damages in the sum of [Amount - can state "to be determined" if full extent unknown] for:
- Medical expenses incurred and to be incurred
- Lost wages past and future
- Pain and suffering
- [Other applicable damages]
Witnesses:
[List any witness names and contact information, or state "Investigation continuing"]
This Notice of Claim is timely filed within 90 days of the incident as required by General Municipal Law Section 50-e.
_______________________________
[Your Signature]
[Your Printed Name]
[Date]
STATE OF NEW YORK )
) ss.:
COUNTY OF [County] )
[Your Name], being duly sworn, deposes and says: I am the Claimant herein. I have read the foregoing Notice of Claim and know the contents thereof; the same is true to my knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters, I believe it to be true.
_______________________________
[Your Signature]
Sworn to before me this
___ day of _______, 20__
_______________________________
Notary Public
Evidence Preservation Letter
[Date]
[E-Scooter Company Name]
Legal Department
[Address]
Via Email and Certified Mail
RE: LITIGATION HOLD AND EVIDENCE PRESERVATION DEMAND
Scooter ID: [ID Number]
Incident Date: [Date]
Incident Location: [Location]
Dear Legal Department:
Please treat this as a formal litigation hold and evidence preservation demand. I was injured while riding your e-scooter on [Date] at [Location]. I anticipate filing a lawsuit against your company.
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE the following:
1. SCOOTER DATA
- All GPS, telemetry, and trip data for scooter ID [Number]
- Diagnostic codes and error logs
- Battery charging and performance data
- Speed, braking, and acceleration data
2. MAINTENANCE RECORDS
- All inspection records for this scooter
- Repair history and work orders
- Parts replacement records
- Recharging and redeployment logs
3. COMPLAINT HISTORY
- All user complaints about this specific scooter
- Fleet-wide complaints about similar defects
- Internal reports of [brake/throttle/etc.] failures
4. PHYSICAL EVIDENCE
- The physical scooter must be preserved and not returned to service, repaired, or destroyed
5. COMMUNICATIONS
- All internal emails and messages regarding this scooter or incident
- Communications with users, repair technicians, or management
FAILURE TO PRESERVE THIS EVIDENCE may result in:
- Adverse inference instructions at trial
- Spoliation sanctions
- Independent tort claims for intentional destruction of evidence
Please confirm receipt of this letter and your compliance with this preservation demand within 10 business days.
Sincerely,
[Your Name]
[Contact Information]
Attorney Services for New York E-Scooter Injuries
E-scooter injury claims require specialized knowledge of New York personal injury law, product liability, and the unique challenges of pursuing claims against well-funded technology companies with aggressive legal teams.
Fee Options
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Demand Letter Only
$450
Flat fee for professionally drafted demand letter with New York legal citations, evidence preservation demand, and 30-day negotiation window
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Hourly Consultation
$240/hr
For case evaluation, strategy sessions, document review, or limited scope representation
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Contingency Fee
33-40%
No fee unless you recover. 33% if settled pre-suit, 40% if litigation required. I advance all costs.
What I Handle in E-Scooter Injury Cases
Evidence preservation: Immediate preservation demands to e-scooter companies before data is overwritten
Expert retention: Biomechanical engineers, accident reconstructionists, and medical experts
NYC Notice of Claim: Timely filing if road defects or municipal liability involved
Waiver challenges: Legal arguments to overcome liability waivers under NY law
Insurance negotiation: Dealing with the e-scooter company's insurers
Litigation: Filing suit in New York Supreme Court if settlement fails
Injured in a New York E-Scooter Accident?
Time-sensitive evidence preservation is critical. E-scooter companies overwrite telemetry data quickly. Contact me immediately to preserve your rights.
New York has a 3-year statute of limitations for personal injury claims under CPLR Section 214. This applies to e-scooter injuries involving negligence by rental companies, property owners, or third parties.
Important exception: If a government entity is involved (NYC for road defects, MTA property, etc.), you must file a Notice of Claim within 90 days under General Municipal Law Section 50-e, then file suit within 1 year and 90 days.
New York applies pure comparative negligence under CPLR Article 14-A. Your damages are reduced by your percentage of fault, but you can still recover even if you are 99% at fault.
Example: If your damages are $100,000 and you are found 40% at fault (perhaps for not wearing a helmet), you would recover $60,000.
Yes, e-scooters became legal in New York City in 2020 under legislation amending Vehicle and Traffic Law Section 114-e. NYC DOT regulates shared e-scooter programs and has authorized pilot programs in the Bronx, Queens, and Staten Island.
Key rules: Riders must be at least 16, cannot ride on sidewalks, must follow traffic laws, and helmets are required for riders under 18.
Multiple parties may be liable depending on the circumstances:
E-scooter companies: Lime, Bird, Revel for mechanical defects or inadequate maintenance
Property owners: For hazardous conditions on sidewalks or parking areas
Drivers: Who strike e-scooter riders
NYC/municipalities: For road defects, improper signage, or dangerous infrastructure
Manufacturers: For product defects
Yes, in many cases. New York courts strictly construe liability waivers and will not enforce them if they are ambiguous, unconscionable, or against public policy.
Under General Obligations Law Section 5-326, waivers for recreational activities may be void. Courts also distinguish between ordinary negligence (often waivable) and gross negligence (not waivable). A well-drafted demand letter should argue the waiver is unenforceable.
New York allows recovery of:
Economic damages: Medical expenses, lost wages, future medical care, diminished earning capacity
Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life
Punitive damages: If the defendant's conduct was egregious
New York does not cap non-economic damages in most personal injury cases, unlike some other states.