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Saturday, April 27, 2024

Man sues electric skateboard manufacturer over safety issues

Federal Court
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A Missouri man blames the manufacturer for his injuries from using an electric skateboard.

S. Shane Knox, who lives in Republic, filed his lawsuit in federal court against Future Motion Inc., the manufacturer of the Onewheel GT electric skateboard. 

According to the complaint, Knox purchased his Onewheel GT from Future Motion on May 7, 2023. He claims the company marketed and sold the product as safe and requiring no maintenance to operate. 

But Knox says this was not the case.

He is seeking damages for severe physical injuries, emotional distress, and economic harm he claims to have suffered as a result of using the product. The suit alleges the Onewheel GT is defective and unreasonably dangerous.

Knox says he was riding his Onewheel GT on September 21, 2023, with a fully charged battery on a relatively flat paved road around his neighborhood going about 18 mph when the device nosedived and abruptly stopped, throwing him off. He says he suffered an open double compound fracture of his left forearm, as well as other bodily injuries and abrasions that required medical attention. He said he required surgery on his forearm and dental procedures to repair his tooth that became cracked upon impact. 

The complaint notes that the Onwheel sometimes "will simply shut off and nosedive, resulting in the rider being thrown off the Onewheel."

"Once the motor’s resources reach a critical point, the motor’s normal ability to help the rider balance disappears, and the rider will experience an unexpected nosedive," the complaint states. "Often, this will feel to the rider like the motor suddenly cut out or shut down. Different factors impact when and what will cause the Onewheel to shut down and nosedive, including the rider’s weight, tire pressure, wind direction, battery level, rider stance, and the grade of incline or decline. Thus, predicting exactly when a nosedive will occur or what will cause one is practically impossible.

"The primary cause of 'pushback' nosediving is velocity. When experiencing velocity pushback, the rider will feel the nose of the Onewheel rise to various degrees when a certain velocity is reached. Often, velocity pushback occurs at a speed lower than that of the maximum due to external factors. Pushback and nosedives also occur on inclines and declines, purportedly to alert the rider that the motor is on the verge of becoming overworked. The problem with this form of pushback, however, is that it is difficult for the rider to discern whether the rider is feeling pushback or whether it is the natural resistance caused by the incline/decline." 

The complaint says one way the Onewheel recharges its battery is to collect kinetic energy when going down a decline and to reserve this power in the battery. 

"However, this may result in the battery becoming overcharged which will damage the battery," the complaint states. "Future Motion purportedly 'addressed' this problem by designing the Onewheel to suddenly and unexpectedly shut down to prevent battery damage — at the expense of rider safety. Instead of allowing the battery to overcharge, prior to regeneration-related damage to the battery, the Onewheel will shut down."

Another common cause of nosedives is acceleration, according to the complaint.

"If a rider attempts to accelerate quickly, the motor may not support the sudden weight and force on it and the nose will suddenly drop," it states. "Yet, Future Motion advertises the Onewheel’s ability to accelerate quickly, even from a complete stop. Such acceleration nosedives can happen at any speed, even from a dead stop, and the rider will feel as though the motor has suddenly shut off. ...

"When pushback override occurs, the motor of the Onewheel shuts off, causing the front footpad of the Onewheel to violently slam into the ground, propelling the rider forward and causing severe injury."

On November 16, 2022, the Consumer Product Safety Commission issued a statement warning consumers to immediately stop using all Onewheel models. 

"Despite the CPSC’s findings and its appeals to defendant to issue a recall of its Onewheel products, defendant refused to issue a recall of its Onewheel products, thereby demonstrating the defendant’s callous disregard for the rights and safety of consumers, including plaintiff," the complaint states. "Despite the CPSC’s warnings and reports of at least four deaths, Future Motion maintains that its Onewheels are safe, claiming that the product 'is safe to ride and tens of thousands of riders enjoy riding Onewheel safely everyday … in fact, it’s probably the easiest boardsport in the world.' ...

"Instead of recalling and issuing a stop sale on what is clearly an unreasonably dangerous and defectively designed product, defendant doubled-down its claims of safety and accused the CPSC of having ulterior motives for the recall and of trying to quash innovation. In a press release issued by defendant on the day of CPSC warning, defendant calls the CPSC warning — which was issued after four people died — 'unjustified' and 'alarmist.' The press release included multiple statements calling into question the CPSC’s warning."

Knox says he has suffered lost wages and income, has lost the ability to perform household chores and services and will suffer said losses in the future. He also says he has suffered and continues to suffer numerous personal injuries and damages, including restrictions and limitations on his physical activity and mobility, physical and emotional pain and suffering, disfigurement, medical treatment medical expenses and financial losses.

He seeks compensatory damages, punitive damages, interest, court costs, attorney fees and other relief.

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