Hoverboard accident, personal injury lawyer advice needed - Page 3 - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

DionTheDman · 08-11-2021, 11:26 AM

Quote:

Originally Posted by VladtheImpaler

Sorry, late to this.

I tend to avoid OT forum these days.
I personally don't touch product liability cases as the reward is generally not worth the PITA factor, but no doubt some injury lawyer in town would look at it. Presumably, the dental specialist can provide an estimate of future treatment costs, plus the child is entitled to some amount of money (not too much I would think) for "pain and suffering", in addition to whatever costs you have incurred to this point. You have effectively 9 years to sue (2 years from 18th birthday), so there is no real rush to do anything. You might check online to see if there is any lawsuits related to this issue in the US.
Fundamentally, you have to prove that the item did not function as it reasonably should have, and that this defect in fact caused the injury. That means, if needed, having an expert (engineer?) take the thing apart and determining what actually happened and why. Common sense is insufficient. You, as the claimant, have to actually establish what actually caused the chain of events, and then that this was "unreasonable" in the circumstances.
That's off the top of my head - I have been up since 3 today, so could be stupid. Call around...

Piggybacking on this to add that like Vlad, I do personal injury law but product liability law is a different animal altogether. For product liability claims, might want to try -

Pipella Law - 403-265-8733
Clint Docken, Guardian Law - 403-800-7768

Snuffleupagus · 08-11-2021, 01:22 PM

Quote:

Originally Posted by IGGYRULES

Office is in California. Canada fulfillment is Mississauga. It's an XPIRIT unit. It's a fun unit but dangerous.

Couple of things.

- Can you replicate the malfunction?
- Is XPIRIT a real manufacturer or just an importer from China? 99% of these things are ”white-label” knockoffs from China

If in fact you can get a lawyer willing to take this on without money from your pocket then go for it, otherwise I wouldn't spend five bucks trying.

IGGYRULES · 08-11-2021, 01:28 PM

Thanks all. I'll get an estimate for future dental work and get on the phone with a couple more lawyers. Likely a lost cause which is what I figured but wanted to see if anyone had any experience with something like this.

Hockeyguy15 · 08-11-2021, 01:29 PM

Quote:

Originally Posted by undercoverbrother

Like?

Something that the company could use down the road in litigation?

VladtheImpaler · 08-11-2021, 01:37 PM

Keep in mind, noting the people who are worried about the company disappearing, in order to operate in Canada/US, the company needs to have liability insurance - that's typically a prerequisite for all sorts of things, including licensing, finance, distribution contracts, etc. Some big companies self-insure; I am 99% sure that would not be the case here, so you would be dealing with whomever their insurer was on the day your kid had his fall. Even if the company goes out of business in the meantime, there is a valid policy. Now, if there is an epidemic of people getting injured/suing, they could run out of coverage...

undercoverbrother · 08-11-2021, 01:42 PM

Quote:

Originally Posted by Hockeyguy15

Something that the company could use down the road in litigation?

Like?

Honestly I’m not being a Dick, I am wondering what in his post(s) you think could expose him or his child at a later date.

Hockeyguy15 · 08-11-2021, 02:14 PM

Quote:

Originally Posted by undercoverbrother

Like?

Honestly I’m not being a Dick, I am wondering what in his post(s) you think could expose him or his child at a later date.

It's kind of coming off dickish. I literally don't know if there is anything he has or will post that could be an issue, I'm not a lawyer.

Better safe than sorry.

All I know is everyone always says don't post potential legal issues online. He could still ask questions without giving specifics.

undercoverbrother · 08-11-2021, 04:07 PM

Quote:

Originally Posted by Hockeyguy15

It's kind of coming off dickish. I literally don't know if there is anything he has or will post that could be an issue, I'm not a lawyer.

Better safe than sorry.

All I know is everyone always says don't post potential legal issues online. He could still ask questions without giving specifics.

Apologies if you got a dickish vibe, wasn’t intended.

Smartcar · 08-11-2021, 06:19 PM

I'm not sure it's relevant but was the sidewalk on private property? I don't think it's legal to ride a hoverboard on a public sidewalk. At least not in Alberta.

darockwilder · 08-11-2021, 09:42 PM

Was there chalk writing on the sidewalk?

Boblobla · 08-12-2021, 06:54 PM

Adjacently related but my kid has the same brand of hoverboard we got him for Christmas and it randomly started doing to same stop thing that you are describing here. Never been used outside so his spills were in the carpeted basement fortunately.

I tried to contact the company for a replacement and have yet to get a response. Seems like a poorly made chinese knockoff unfortunately, I got burned by fake reviews and purchasing online.

PaperBagger'14 · 08-12-2021, 06:59 PM

I'd be happy to take a look at the hoverboard for you for free (maybe a beer or 2 :P), I've got a pretty solid list of qualifications when it comes to electrical and control wiring. If it's electrical ill be able to find the issue.

PM me if you want to know my qualifications or to even chat about it.

IGGYRULES · 08-12-2021, 07:44 PM

Quote:

Originally Posted by Boblobla

Adjacently related but my kid has the same brand of hoverboard we got him for Christmas and it randomly started doing to same stop thing that you are describing here. Never been used outside so his spills were in the carpeted basement fortunately.

I tried to contact the company for a replacement and have yet to get a response. Seems like a poorly made chinese knockoff unfortunately, I got burned by fake reviews and purchasing online.

8.5" wheel off road version? My other son had his fully charged (different unit) shut off on him once but I just chalked it up to his own errors and moved on as he landed on his butt and wasn't seriously injured. Should've paid a bit more attention at the time, but he often does silly things and is quite clumsy. My younger son isn't near as clumsy and is much more agile and athletic yet he landed on his face...

IGGYRULES · 08-12-2021, 07:46 PM

Quote:

Originally Posted by PaperBagger'14

I'd be happy to take a look at the hoverboard for you for free (maybe a beer or 2 :P), I've got a pretty solid list of qualifications when it comes to electrical and control wiring. If it's electrical ill be able to find the issue.

PM me if you want to know my qualifications or to even chat about it.

Thanks I'll send you a PM. Appreciate the offer! We're actually driving through Calgary next Saturday on our way to the Hat so I could drop it off.

Strange Brew · 08-12-2021, 08:26 PM

Quote:

Originally Posted by PaperBagger'14

I'd be happy to take a look at the hoverboard for you for free (maybe a beer or 2 :P), I've got a pretty solid list of qualifications when it comes to electrical and control wiring. If it's electrical ill be able to find the issue.

PM me if you want to know my qualifications or to even chat about it.

Hope your insurance is paid up.

IGGYRULES · 08-12-2021, 08:41 PM

Quote:

Originally Posted by Strange Brew

Hope your insurance is paid up.

I wouldn't suggest he get on and ride it

.

Strange Brew · 08-13-2021, 07:28 AM

Quote:

Originally Posted by IGGYRULES

I wouldn't suggest he get on and ride it

.

Was referring to liability insurance.

IGGYRULES · 08-13-2021, 11:20 AM

Quote:

Originally Posted by Strange Brew

Was referring to liability insurance.

Why would that matter? He's not fixing it, just looking at it... If there is something inherently wrong with it then at least I know and can proceed from there with that information to lawyers, experts etc....

My family certainly won't ride one again.