E-scooter provider Lime was sued in December for negligence. The case originated in Tennessee state court but has since been removed to the Middle District of Tennessee. Plaintiffs are represented by Rocky McElhaney Law Firm. The defendant is represented by Butler Snow LLP.
In the original complaint, the plaintiff noted that the only obstacle to creating an account and using a scooter is that a user needs a payment method. While Lime’s Terms of Service indicate that a user must be at least 18 years or older to rent and use an e-scooter, it does not take any measures to ensure that a user is 18 years or older before renting an e-scooter. Some localities also require a valid license to be able to rent an e-scooter; however, Tennessee does not have such a requirement.
“Lime has placed profits over public safety by failing to require users confirm and verify they are of the required age to rent and use its scooters.” The complaint alleged that Kelcie Ingram was 17 years old at the date of the incident and since she was not 18 years or older, as required, she should not have been able to rent the scooter. When Kelcie was on the scooter, she was crossing a street and hit a rock, which caused the scooter to flip. As a result of the crash, Kelcie has “suffered serious and painful personal injuries which required and continue to require medical treatment.”
The complaint accused Lime of negligence for allowing a minor to use the e-scooter, and for failing to verify the user met the age requirement. It is alleged that Lime “breached its duty of care,” should have known that minors could or would attempt to rent the scooters, Plaintiffs have sought repayment for damages up to $750,000.
The suit has been removed from the Circuit Court for Davidson County, Tennessee, to the United States District Court for the Middle District of Tennessee. An initial case management conference is scheduled for March 9.
Dockless e-scooters are facing a variety of regulatory challenges, especially in cities like Washington, D.C. Other product liability and injury suits are ongoing.
