How consumers can help protect themselves from fiery hoverboard safety concerns

One of this holiday season’s hottest high-tech products is heating up the market – to the point of explosion.

Produced under unique names like, “Swagway,” “Legway,” “Airboard,” or “Power Balance Boards,” hoverboards, two-wheeled self-balancing personal vehicles, are dominating the futuristic toy market, but are starting to watch their sales go up in flames – literally.

Since news broke of hoverboard safety concerns, within the past few days, major retailers including Amazon, Overstock and Target have ripped the item, or certain bogus manufacturers of the hoverboards, off their (virtual) shelves.

Counterfeit hoverboards were being sold through Amazon and other sites. U.S. Customs and Border Protection seized more than 164 hoverboards with fake batteries and other deceptive marks – which have been linked to fire issues. Hoverboards use lithium-ion batteries, just like smartphones, laptops and other rechargeable devices. However, if poorly made, there is a risk of explosion.

This blaze is not cheap either… hoverboards can cost between $300 and $2,000.

The Federal Consumer Product Safety Commission is stepping in, having logged 29 emergency room visits and 11 reports of fires in 10 states, according to Elliot F. Kaye, chairman of the commission.

“We’re particularly sensitive to the fact that many have been purchased and wrapped,” he said.

Local officials nationwide are banning the self-balancing boards from city sidewalks and even airplanes in fear of fire or explosion.

The industry is up in arms over this space-age invention that Steven Spielberg only dreamt of one day becoming real, with his similar creation in, “Back to the Future II.”

Consumers are being deceived and dealing with dangerous repercussions from these hoverboards.

A recent report exposed that hoverboards are being created in an estimated 1,000 factories in China, then being purchased by Western distributors who slap on a label and ship them to enthusiastic consumers. Due to the sketchy factory situation and marketing unknown brands, consumers are having a difficult time telling which ones are the real deal.

In the United Kingdom, hoverboards have been banned from road use under the Highway Act of 1835. Bet the lawmakers of the 19^th century didn’t predict this invention when writing up that act.

American rapper Wiz Khalifa asserted on Twitter that he was handcuffed by customs and border patrol officers at LAX airport due to refusing to get off of his transporter.

“I stand for our generation and our generation is gonna be riding hoverboards,” he wrote, saying he believed the officers would likely be riding them in the near future.

How can consumers tell if a hoverboard is safe?

Hoverboard Safety Tips:

1) Review the product before buying whether online or in person. Look for a mark on the packaging, product or charging equipment indicating that it is compliant with U.S. federal standards.

2) When charging the hoverboard, let the device cool off before using.

3) Do not leave the hoverboard unattended when charging.

4) Do not overcharge the device (read the instructions manual).

5) Keep to one plug per socket.

6) When using the hoverboard, wear proper safety equipment.

7) Don’t text or operate cell phones while using the hoverboard.

8) Use the device as directed.

9) If you notice the hoverboard getting hot, stop using it and consult with the manufacturer regarding battery replacement.

Who to contact if hoverboard catches fire

When Jessica Horne’s Amazon hoverboard purchase caused their home to nearly burn to the ground, the family contacted Call 12 Action, a nonprofit consumer advocacy organization. Call 12 Action then called the Consumer Product Safety Commission, which was only able offer more information about other related incidents caused by hoverboards in the U.S.

Next, Call 12 Action contacted Fit Turbo, producer of Jessica’s hoverboard, who declined to comment.

Can you sue Chinese manufacturers for faulty hoverboards?

Mainland Chinese courts do not enforce U.S. judgments, so one must be able to collect from the Chinese company outside of China, in a country that will enforce the U.S. judgment. If a U.S. court has jurisdiction over a Chinese company, it is possible.

The good news is that retailers are responding to consumers safety needs by removing what they deem are unfit hoverboards from their inventory.

Can a consumer sue major retailers like Amazon, Overstock or Target for selling faulty hoverboards?

Yes. If a consumer has been injured or faced property damage due to a defective product, all parties involved in the chain of distribution (path the product takes from manufacture, to distribution, to the consumer), can be sued.

If you or a loved one has faced injury or damage due to a defective product, please reach out to us and we’d be happy to discuss your situation.

***Disclaimer: This is in no way to be considered legal advice. An attorney client relationship does not exist from your reading of this blog or your following any of the suggested courses of action above.