E-scooters – product liability issues to consider?

E-scooters have attracted considerable press attention throughout the pandemic. Some see them as a clean transport solution to urban congestion and that is certainly among the reasons for the UK government introducing the current e-scooter hire scheme trials. On the downside, one source has estimated that e-scooters will be involved in up to 200,000 accidents this year (Nextbase, in July 2021) and others report they are used as getaway vehicles for criminals (perhaps displacing thefts/mugging by moped riders?). As well as these risks, there is also potential for new product liability litigation arising from defective scooters.

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E-scooter incident data due to be published by government before year end

Recent news points to useful data relating to e-scooters becoming available over the next few months.

First is the statement last week from DfT Roads Minister Rachel MacLean that “We intend to publish data on e-scooters and other vehicle types which can be reliably identified from the free text field [in the STATS19 accident database used by police forces] alongside the annual Reported Road Casualties Great Britain statistics publication in September 2021. In the future, the STATS19 data collection system will be amended so that e-scooters (and similar) can be identified as a vehicle type”. Second is Ms MacLean’s confirmation just yesterday that in respect of the ongoing e-scooter trials, “An interim report summarizing findings from the data collected so far will be published in autumn 2021, with a final report due in spring 2022.”

We’ll be looking out for that interim report and will of course post our analysis of the DfT’s interim findings on this blog just as soon as we can after publication.


Written by Alistair Kinley, Director of Policy and Government Affairs at BLM

Package holidays and assaults by hotel staff: Supreme Court finally decides in favour of X

Following the CJEU’s judgment in the long-running case of X v Kuoni in March 2021, discussed in our previous blog post here, on Friday 30 July the Supreme Court handed down (what appears to be) its final word in this claim which stems from a sexual assault during a package holiday in Sri Lanka in 2010.

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