In a Split Decision, California Court of Appeal Holds Scooter Provider Subject to Liability for Not Re-locating Improperly Parked Scooter
By Paul V. Esposito
An electric dock-less scooter business is potentially liable when an improperly parked scooter created a tripping hazard causing a pedestrian injury. Hacala v. Bird Rides, Inc., 2023 Cal. App. LEXIS 270 (4/10/23). Under its permit with the city, the business was required to monitor scooters, remove those improperly parked within two hours, and educate users on city parking standards. Because the business allegedly contributed to the risk, it owed a general duty of care. No special relationship between the parties was needed. The duty of care required the business to entrust scooters to reasonably safe users and make scooters reasonably conspicuous at night. Public policy favors imposition of duty. The allegations also support a private action for public nuisance.