Scooters, Scooters, Everywhere – What to Do If You Are Injured in a Trip and Fall Involving a Discarded E-Scooter/E-Vehicle On a Sidewalk

Discarded E-Scooters and other E-vehicles are a serious problem facing all pedestrians, especially those suffering from disabilities that make it difficult to spot or avoid such discarded E-Scooters/E-Vehicles.

E-Scooter/E-Vehicle companies only operate in your city by virtue of an agreement with the city. These agreements are comprehensive and often include very specific requirements of the E-Scooter/E-Vehicle companies to monitor and track their E-Scooters/E-Vehicles by means of GPS and various other propriety systems.

While the major companies (e.g. Lime, Spin, Jump, and Bird, whose logos are emblazoned on the E-Scooters/E-Vehicles), sometimes may feign compliance with certain GPS and discarded vehicle recovery requirements, it is obvious to the many residents of the 250 cities Lime operates, and the 400 cities in which Bird operates, that these requirements often fall by the wayside. The result? Sidewalks and ramps with discarded E-Scooters/E-Vehicles blocking key travel points. Sometimes they are easy to avoid, other times not, making tripping and falling a real hazard to pedestrians (a hazard made that much worse for those with disabilities who cannot anticipate the hazard).

Regardless, they are a very real issue facing cities in California.

The Bad News? E-Scooters/E-Vehicles are a relatively new technology, so there is not the same depth of legal authorities as other areas of law, and the codes related to Scooters primarily involve issues in connection with the active operation of the E-Scooter/E-Vehicles.

The Good News? What case law there is in California sides with pedestrians, at least as far as seeking redress against the companies for failing to account for and clear away discarded E-Scooter/E-Vehicles.

At present, the seminal case in California is Hacala v. Bird Rides, Inc. (2023) 90 Cal.App.5th 292. In that case, a mother and daughter were walking during twilight on a crowded sidewalk during to the holidays. The daughter did not see scooter, part of Bird’s “dockless” system, sticking out behind the trash can, and tripped. Plaintiffs sued the city of Los Angeles and Bird. Both Defendants demurred that they had no duty and were successful. This was appealed and the Court affirmed the ruling as to Los Angeles, but not as to Bird, who was found to have a duty for leaving dockless scooters on the sidewalk. As such, while cities tend to lack liability for the actions of third parties like the scooter company, E-Scooter/E-Vehicle Companies have a duty to pedestrians that “encompasses an obligation to ensure its scooters are sufficiently conspicuous so as not to become unreasonable tripping hazards to pedestrians on public sidewalks.” Id. at 315.

What this means is that in certain circumstances, E-Scooter/E-Vehicle Companies are not only legally required to make pedestrian safety a priority, but may be legally liable for injuries caused by a failure to do so.

What Can I Do If I Am Injured Tripping and Falling On a Rogue Sidewalk E-Scooter/E-Vehicle?

If you find yourself injured by tripping and falling over discarded E-Scooter/E-Vehicles left haphazardly on the sidewalk:

1. Photos, Photos, Photos! (and video): The obvious problem with E-Scooters/E-Vehicles is that they move. If possible, take copious photographs and video reflecting the exact location where the E-Scooter/E-Vehicle was at the time of the fall; if there is any branding/identifiable number designation on the scooter; any injuries at the time of the fall; and anything you think may help show the fall happened (trust your gut, most attorneys would rather have too much information rather than not enough!)
2. Ask Witnesses/Get Information: If there are any witnesses, try to get their contact information as their observations may be crucial to establishing your claim for damages.
3. Identify Any Potential Surveillance: While it is an unfortunate reality, in 2026 is that many major cities have surveillance whether private or public. Identifying potential sources of surveillance as promptly as possible, is crucial as some businesses have surveillance that automatically deletes and cannot be recovered. Accordingly, the sooner you act, the better!
4. Document All Injuries: Keep a copy of any and all documentation related to any injuries sustained whether physical or financial in nature.
5. Get to an Attorney Fast: Act fast to contact counsel as there may be deadlines related to potential involvement of public entities that are much shorter than standard statutes of limitations.