That depends on the facts of your case, and winning is far from guaranteed. Even when it comes to equipment failures, the scooter companies—led by Lime and Bird, the innovators in the field—use seemingly ironclad liability waivers to avoid legal liability for accidents on their scooters. The waiver, part of a lengthy legal contract that riders must agree to before they can install and use the smart-phone app, is fairly comprehensive.
A class action suit against Bird and Lime is pending in Los Angeles, and alleges that the companies should be liable for poorly maintained scooters prone to malfunctioning. Since that suit was filed, Lime has altered its waiver agreement to require binding arbitration and a waiver of class action rights.
Additionally, Lime and Bird use independent contractors to maintain and repair their scooters. Much as Uber, Lyft, and other rideshare services have used the independent contractor status of their drivers to avoid liability for driver negligence, it seems that Lime and Bird are utilizing a combination of rock-solid liability waivers and a defense that the companies are not liable for negligent repairs by independent contractors. The defense has worked well for ride-share companies so far.
