Onewheel Injury Lawsuit

The OneWheel is an electric skateboard product made by Future Motion Inc. The OneWheel features a large single wheel in the center of the board powered by an electric motor. Some Onewheel skateboards contain an apparent defect that causes them to stop suddenly and unexpectedly in mid-motion. When this happens, it can throw the rider off and cause very serious injuries.

A growing number of product liability lawsuits are being filed against Future Motion by riders who have been injured by the sudden stop defect in the OneWheel device. These lawsuits are likely going to be consolidated into a class action MDL very soon.

The national product liability lawyers at Miller & Zois are currently accepting OneWheel injury cases. If you or a loved one was injured by a OneWheel skateboard, call 800-553-8082 or contact us online now to see if you may be eligible for compensation.


OneWheel Lawsuit Updates

Our law firm is committed to giving victims the latest news, information, and developments in the OneWheel class action lawsuit:

April 15, 2024 – New OneWheel Lawsuit Filed

A new OneWheel lawsuit was filed in federal court in Florida on Friday.

In Zurheide v. Future Motion, the plaintiff was riding a Pint X OneWheel last year in Boca Raton, Florida, the plaintiff experienced a sudden and unexpected malfunction of the device. Pretty classic case – while operating it normally, the OneWheel shut off abruptly and nosedived, causing the front of the board to hit the ground and ejecting the plaintiff. This accident resulted in the plaintiff fracturing his foot and heel, which subsequently required surgical intervention involving the implantation of hardware.

This case will get transferred to the OneWheel MDL in California where all OneWheel suits in federal court are housed

April 11, 2024 – Future Motion Picks Representative Death Cases

Yesterday, lawyers for Future Motion filed its proposal naming 3 potential bellwether candidate lawsuits.  as required by the initial case management order. The cases include 2 from Florida and a third case from Texas. The plaintiffs will nominate their own representative cases next week.

Why is a bellwether trial so crucial in an MDL? A bellwether trial will serve as a test case among a group of lawsuits consolidated in an MDL, providing both parties and the court with insight into how juries might respond to evidence and legal arguments. This process helps in forecasting outcomes of similar cases within the MDL, potentially leading to settlements for the remaining cases and streamlining the legal process.  It also put pressure on FutureMotion to settle before there is even a trial.

April 1, 2024 – 43 Cases in the MDL

As of April 1, 2024, there are a total of 43 pending cases in the OneWheel class action MDL (In re: Future Motion Inc. Prod. Liab. Lit). Only 1 new case was added to the MDL over the last 30 days. Our lawyers are seeing a steady stream of new potential claims but not nearly as many as the beginning of the year.  This is a good thing for the OneWheel settlement amounts victims can hope to see. Why? Fewer lawsuits makes it easier for FutureMotion to over reasonable compensation payouts without going into bankruptcy.

March 20, 2024 – New OneWheel Lawsuit

A Florida woman filed a new OneWheel lawsuit last week. She alleges she was riding a OneWheel Pint X in 2022 when unexpectedly and without any prior indication, the OneWheel Pint X experienced a “nosedive,” resulting in her being ejected from the board and forcefully hitting the ground. This sudden incident led to significant injuries for the woman due to the unexpected fall from the OneWheel Pint X.  This lawsuit was filed in Florida and will be transferred into the MDL.

February 24, 2024 – Onewheel Settlement Talks

The parties involved in the case have mutually proposed that Magistrate Judge Laurel Beeler oversee their settlement discussions. Following this recommendation, the court has assigned Magistrate Judge Beeler to facilitate all settlement efforts in this multidistrict litigation.

The first settlement conference is tomorrow. There is a possibility of early Onewheel settlements. Should you bet on an early resolution?  No.

February 2, 2024 – More on Bellwether Trials

The MDL judge is set to approve six representative cases for trial. Each party must submit a proposal listing up to three personal injury/wrongful death cases that they consider emblematic of the broader personal injury and wrongful death lawsuit within this MDL.

Proposals must be submitted to the court by no later than April 10, 2024. Should there be any contention regarding the representativeness of a case chosen by the opposing party, the concerned counsel must brief their objections. Judge  Freeman also suggests that the parties have alternative cases ready, should there be an acceptance of any objections.

January 19, 2024 – Bellwether Trials

This litigation is moving quickly.  We are not usually talking about bellwether trials this early.

What are bellwether trials? Bellwether trials in MDLs are like test cases. A few chosen cases are tried first to gauge how others might go.  The faster you get to bellwether trials, the faster you get to a settlement.

Plaintiffs’ lawyers are ready to roll.  They suggest specific cases (Bunnell and Oatridge) as representative of the most serious injuries, including a fatal injury. They also propose selecting additional cases representing less serious injuries.

The defendants?  They want what defendants always want: to slow down. They argue that it is premature to select representative cases given the recent initiation of many Onewheel lawsuits and the expectation of more cases to be filed. They also suggest a process where both plaintiffs’ lead counsel and the defendant select and then strike certain cases, proceeding with the remaining ones for discovery.

January 8, 2024 – First Status Conference Set

Judge Labson has scheduled the first status conference for January 18, 2024 to discuss the multidistrict litigation (MDL) for OneWheel injuries. This conference will allow lawyers to coordinate with the judge on the things needed to get the ball rolling in this new litigation.  The order also requires both plaintiffs and defendants to submit preliminary statements outlining their understanding of the facts and key legal issues.

As we reported on December 9th, this comes after the U.S. Judicial Panel on Multidistrict Litigation decided to consolidate all OneWheel injury cases for pretrial proceedings in the Northern District of California last month.

December 11, 2023 – 5 More Onewheel Cases Filed

Five new Onewheel product liability lawsuits were filed against Future Motion Inc. last month. 2cases were filed in Colorado, 2 were filed in the Western District of North Carolina, and the other case was filed in the Eastern District of Michigan.

December 9, 2023 – Onewheel Class Action Lawsuit

Future Motion Inc., the manufacturer of Onewheel electric skateboards, successfully petitioned the U.S. Judicial Panel on Multidistrict Litigation to consolidate 31 injury lawsuits into a single pretrial proceeding in a California federal court.the pretrial proceedings will coordinate both personal injury and wrongful death claims and, consumer economic loss class claims (which will be an annoying distraction, honestly).

These Onewheel lawsuits, filed in 14 different federal district courts with more to come, allege that riders were injured when their Onewheels unexpectedly stopped or shut off, causing them to fall. The multidistrict proceeding will take place in the U.S. District Court for the Northern District of California under Judge Beth Labson Freeman, an Obama nominee that presided over Mickelson v. PGA Tour, Inc.

The JPML agreed to consolidation because the lawsuits share similar allegations regarding how the plaintiffs were injured, citing issues with the design, manufacture, and warnings of the skateboards.

November 29, 2023 – Panel Will Consider MDL Request

On Thursday, a group of federal judges will convene to consider whether all lawsuits related to Onewheel injuries should be unified under a single judge for coordinated pretrial processes in a multidistrict litigation (MDL).

Our lawyers are getting a ton of calls on these cases. These lawsuits all contend that flaws in the board’s design, particularly in its safety mechanism known as “pushback,” have led to severe accidents and injuries. Unlike many class action lawsuits, the defendants are encouraging consolidation.

November 3, 2023 – New OneWheel Lawsuit

A new OneWheel lawsuit, Ogan v. Future Motion, was filed yesterday in a federal court in North Carolina. The case involves a consumer who has raised allegations of sustaining personal injuries and economic damages as a consequence of using the company’s OneWheel devices. The plaintiff, a resident of Robeson County, North Carolina, claims to have suffered severe cuts, scrapes, and a broken wrist due to what is implied to be defects or issues with the product in question.

In 2018, the plaintiff made an online purchase of a OneWheel device, starting what would become a comprehensive collection over the years.  He was a huge OneWheel fan.  He owning every model the company offered.

In April 2021, he was on a routine ride on a smooth, paved road.  Cruising at a steady pace of 15 miles per hour on their OneWheel XR, a device ostensibly known for its stability and performance, the customer faced a sudden malfunction.

The device ejected the rider, sending them tumbling onto the pavement. The fall resulted in not just a momentary shock but severe physical injuries. The road’s unforgiving surface inflicted painful road rash, and a more serious consequence was a broken wrist, compromising the rider’s mobility and daily function.

October 30, 2023 – Future Motion OneWheel Class Action Lawsuit

There are now 31 Onewheel lawsuits spread out over 15 states.  So the question is does a OneWheel class action lawsuit against Future Motion make sense?

All 31 of these plaintiffs allege injuries from unexpected shutdowns or stops of the Onewheel device in their class action lawsuits.  Most of these suits echo a common narrative: riders falling and getting injured because the Onewheel halted unexpectedly. All the plaintiffs have lodged complaints grounded in product liability.

In fact, many of the OneWheel legal complaints are almost identical, sometimes copied verbatim across different complaints.  Lawyers are nothing if not copycats.

Centralizing these cases, according to Future Motion, would ensure coordinated discovery, prevent potential contradictory rulings, and be more efficient and convenient for all parties involved.

Interestingly, Future Motion agrees that an MDL class action is warranted.  The company suggests the Middle District of Florida as the ideal jurisdiction for this consolidation. They say their choice is strategic; it’s not only because the district has the highest number of related cases but also due to its familiarity with Future Motion litigations. Additionally, it says Florida’s geographical position would be convenient for most parties, witnesses, and lawyers. Of course, Future Motion wants them in this district in Florida because it thinks it is a good venue for them.  But they might be wrong.


About Onewheel

Future Motion’s Onewheel is a self-balancing, one-wheeled transportation device powered by a battery that is often described as an electric skateboard. Operation of Future Motion’s Onewheel is controlled and/or monitored, in part, by an “app” installed on users’ smartphones. The Onewheel app allows users to view their total miles, battery life, speed, and other information. The published maximum speed for the Onewheel Pint X is 18 miles per hour.

To ride the Onewheel, the rider must step on the back footpad, then place their foot on the front footpad, and slowly bring themselves up to a balanced position. Once the rider is balanced, the Onewheel’s motor engages. The rider can then lean forward to move forward and lean backward to slow down. To turn, the rider puts pressure on either their toes or heels.

Over the years, different models, varying mainly in size and battery range, have been launched. Designed with self-balancing capabilities, the Onewheel offers a unique riding experience. Riders control their speed and direction by leaning forward or backward and applying pressure on either the toes or heels. No one doubts that it is fun to ride.  The question is whether it is safe.

Onewheel Can Suddenly Stop and Nosedive

The Onewheel will provide the rider with “pushback” when approaching the device’s limits during use. When the device reaches a pushback situation, the nose of the board will lift to slow the rider down. Often, however, instead of a pushback, the Onewheel will simply shut off and nosedive, resulting in the rider being thrown from the device.

Different factors impact when and what will cause the Onewheel to shut down and nosedive, including the rider’s weight, tire pressure, wind direction, battery level, rider stance, and the grade of incline or decline. Thus, predicting exactly when a nosedive will occur or what will cause one is practically impossible. The primary cause of “pushback” nosediving is velocity. When experiencing velocity pushback, the rider will feel the nose of the board rise to various degrees when a certain velocity is reached. Often, velocity pushback occurs at a speed lower than that of the maximum due to the above-mentioned factors.

Another form of pushback occurs when the Onewheel is nearing battery depletion. This pushback purportedly alerts riders by elevating the nose dramatically. When the Onewheel purportedly senses that the batteries are about to be damaged by over-depletion, the board will shut off entirely, leaving the rider suddenly and unexpectedly off-balance, often resulting in the rider being thrown from the board.

CPC Warning

On November 16, 2022, the United States Consumer Product Safety Commission (“CPSC”) issued a warning to consumers to stop the use of Onewheel products due to the ejection hazard. The press release notes, “Future Motion has refused to agree to an acceptable recall of the product. CPSC intends to continue pursuing a recall for consumers. CPSC urges consumers not to buy the Onewheel. If you already own one or purchased one, do not use it due to the ejection hazard.”

What was the company’s response?  It pushed back. Through a statement on – of course – TikTok by its CEO, Future Motion contended that their OneWheel Devices are widely misunderstood, rather than inherently dangerous. The company also challenged the Consumer Product Safety Commission’s (CPSC) recall notice by arguing that the CPSC failed to clearly identify any specific defect in the devices.

A spokesperson for OneWheel expressed their perspective on the matter: “The federal agency is attempting to dismantle our business. To give you an overview, just recently, the CPSC issued a directive demanding a recall of every OneWheel ever produced. Our response was to respectfully decline.”

September 2023 OneWheel Recall

This argument stopped holding water after more injuries and deaths.  Future Motion stopped fighting.  In September 2023, it supported a new recall notice affecting 300,000 of these self-balancing skateboards, in which the CPSC urgently advised consumers to cease usage of the skateboards. The notice highlighted that if the boards’ operational limits are surpassed, the skateboards may fail to balance the rider, creating a significant risk of crashes that could lead to grave injuries or even fatalities.

For sure, some of the highest OneWheel settlement amounts will be for victim who were injured between the first CPSC announement and the second.

Onewheel Nosedive Lawsuits

Over the last year, a rapidly growing number of product liability lawsuits have been filed against Future Motion for injuries caused by the Onewheel nosedive defect. All of the lawsuits allege that Onewheel riders suffered severe injuries when the one-wheeled scooter nosedived and stopped suddenly, violently ejecting the rider off the device.

Onewheel-GT

As of September 2023, over 30 Onewheel recall lawsuits have already been filed against Future Motion in federal courts across the country. Future Motion has already filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML), seeking to consolidate and centralize all claims before one U.S. District Judge for coordinated discovery and pretrial proceedings.

If the motion for consolidation is granted (and it probably will be), the Onewheel lawsuits will be consolidated into a new class action MDL. The cases will then go through a consolidated discovery process, after which a few sample cases will be selected for bellwether test trials. The results of the test trials are generally used to facilitate a global settlement deal in which Future Motion agrees to pay all claimants certain amounts.

Who is Eligible to File a Onewheel Lawsuit?

Anyone who was riding on a Onewheel electronic skateboard and suffered serious physical injuries when the Onewheel device suddenly stopped or nosedived (or otherwise did not function properly, causing an accident) may be eligible to file a Onewheel injury lawsuit.

Contact Miller & Zois About a Onewheel Injury Lawsuit

The national product liability attorneys at Miller & Zois are currently accepting Onewheel injury cases from individuals who meet our eligibility criteria. If you were injured by a Onewheel electric skateboard device, call our office today at 800-553-8082 or contact us online.

 

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