Who is liable for my injuries?Liability is always a difficult question to answer and can depend on a number of different factors. However, Segway tours can be liable if they fail to provide proper supervision, failure to provide helmets or failing to inspect the equipment prior to rental. Segway’s use motion activated and maneuvered chips, which can at times malfunction causing the machine to deny or refuse to follow the operator’s commands. A rental or touring agency has a duty to inspect such equipment to make sure they are free from defects before allowing a occupant to use the device. If you were injured as a result of a defective Segway you may be able to recover for your injuries.
Does a waiver limit my ability to recover?Waivers are not always iron clad and can be pierced. However to do so there are certain challenges which need to be overcome in order to pierce the waiver. When an operator is negligent then a waiver may not be able to an effective mode of waiving liability. The law will not allow a company to waive their own negligence merely by having a customer or patron sign a waiver. However, in order to show liability it may be required that there be gross negligence. What is Gross Negligence: Gross negligence is defined as a wanton or reckless indifference for the safety of others. In other words the rental company must act in a manner that is beyond that of a reasonably prudent person. Thus, just because a waiver is signed, it does not mean that a rental company cannot be held liable. In such situations a rental company can still be held responsible to some degree when there is a showing of gross negligence. Our firm has the experience you need: Downtown LA Law’s Segway accident and defect attorneys can help determine whether you are entitled to recovery for your damages. Our experts will analyze the Segway, road conditions and other factors to determine whether negligence can be found and will aggressively pursue your case. We have the resources to fully litigate and fight for your rights. Before speaking with any other firm contact Downtown LA Law for a free case evaluation.
Types of Segway Accident InjuriesSegway injuries can rank from moderate to severe depending on the speed of the Segway at the time of the accident, the angle of the accident and the type of crash. Common Segway injuries include:
- Broken nose;
- Lung collapse;
- Head trauma;
- Traumatic brain injury;
- Serious facial and body lacerations;
- Broken tibia;
- Broken back;
- Spine trauma;
- Dislocated joints;
- Damaged or ruptured eye socket; and
- Serious to moderate hand injuries.