Onewheel Injury Lawsuit Updates and Information

The OneWheel, manufactured by Future Motion Inc., is a self-balancing electric skateboard characterized by a single, large wheel in the board’s center. Unfortunately, some OneWheel devices have a potential defect that can cause them to abruptly stop during use. This sudden stop can eject the rider, leading to significant injuries.

Many product liability lawsuits are being pursued against Future Motion due to this sudden stop defect. These cases have been consolidated into a class action MDL (Multi-District Litigation). Settlement discussions are underway. Here you will find the latest updates on this litigation, as well as insights into potential settlement values. Nguyen Injury Lawyer is closely monitoring these developments.

OneWheel Lawsuit Updates

Nguyen Injury Lawyer is dedicated to providing victims with the latest news and information regarding the OneWheel class action lawsuit:

• December 2, 2024: A single new case was added to the OneWheel MDL in November, a 1.1% increase, bringing the total to 89 cases. New case filings are slowing down as settlement hopes increase.
• November 1, 2024: No new cases were added to the MDL last month, with the total number of pending cases remaining at 88. The focus remains on pursuing settlements.
• October 1, 2024: Four new cases were added to the OneWheel class action MDL, bringing the total to 88 pending cases. The rate of new lawsuits has decreased, as many lawyers are now more selective about the severity of injuries they will accept. This is due to limited insurance coverage and the financial capacity of OneWheel. While settlements are likely, victims with viable claims may find it more challenging to find representation compared to last year.
• September 3, 2024: The OneWheel injury MDL now includes 84 pending cases, an increase of approximately 20 cases since the beginning of summer.
• September 1, 2024: Nguyen Injury Lawyer, like many firms, is no longer accepting new OneWheel claims as settlement prospects improve.
• August 27, 2024: A settlement conference involving the parties and their insurance companies took place. While no agreement was reached, another conference is scheduled for November 12, 2024, replacing the previous date of October 1, 2024. Future Motion will share its financial information with the insurers under a Non-Disclosure Agreement (NDA). Coverage briefs will be exchanged between the parties and insurers by September 23, 2024, with insurer responses due by October 22, 2024. Further court updates are due by November 5, 2024.
• July 16, 2024: The MDL judge issued a mixed ruling on Future Motion’s motion to dismiss, but key allegations remain intact. Plaintiffs allege that Onewheel devices have a defect that causes riders to be ejected, resulting in severe injuries or death. The court found these allegations sufficient to claim that Onewheels are unsafe for ordinary use, denying the motion to dismiss the implied warranty claims. However, the breach of contract claim was dismissed with leave to amend, requiring plaintiffs to specify their requested remedies. The unjust enrichment claims were also dismissed with leave to amend, as the court agreed that the plaintiffs failed to adequately allege a defect and the defendant’s knowledge of it. The motion to strike class allegations was denied as premature. The breach of express warranty counts were dismissed without leave to amend. The remaining counts were dismissed with leave to amend to more adequately allege a defect and reliance. Plaintiffs were given 30 days to file an amended complaint. The judge indicated that plaintiffs could request an extension to amend the complaint if needed for settlement discussions.
• June 15, 2024: There are numerous rumors circulating regarding a potential OneWheel settlement.
• June 14, 2024: A plaintiff has filed a motion to amend their complaint to include claims for punitive damages under California law and to add Future Motion MFG LLC as a defendant. The case involves the alleged defects of the Onewheel Pint X. Future Motion opposes this amendment, arguing that the Washington Product Liability Act governs the case, which precludes punitive damages. They also argue that even if California law applied, the plaintiffs have not provided sufficient factual allegations to justify punitive damages, and that adding its manufacturing subsidiary as a defendant would be futile. The plaintiffs argue that Future Motion acted maliciously by not recalling the product sooner and by inadequately warning users of potential malfunctions. Future Motion is strongly resisting the punitive damage claims, as their response to the United States Consumer Product Safety Commission warnings could negatively impact jurors.
• June 4, 2024: A new lawsuit was filed after a Washington resident riding a Onewheel XR was thrown from the device due to a sudden stop, resulting in a dislocated elbow requiring surgery and multiple broken bones in the right forearm and elbow. The suit will be transferred to the MDL.
• June 3, 2024: Ten new cases were added to the OneWheel injury class action MDL, bringing the total to 65 pending cases.
• May 16, 2024: The OneWheel MDL judge approved six representative personal injury/wrongful death cases proposed by both parties for potential bellwether trials:
  • Haggerty v. Future Motion, Inc., 5:23-cv-06406-BLF, 1:22-cv-00322-SEG (N.D. Ga.)
  • Oatridge v. Future Motion, Inc., 5:21-cv-09906-BLF (N.D. Cal.)
  • Lopez-Roman v. Future Motion, Inc., 5:23-cv-06404-BLF, 4:23-cv-10072-KMM (S.D. Fla.)
  • Burke v. Future Motion, Inc., 5:23-cv-06547-BLF, 1:23-cv-23442-CMA (S.D. Fla.)
  • McAllister v. Future Motion, Inc., 5:23-cv-06394-BLF, 4:23-cv-00205-SDJ (E.D. Tex.)
  • Reeves v. Future Motion, Inc., 5:23-cv-06405-BLF, 0:23-cv-61295-RS (S.D. Fla.)

  The court is expected to set trial dates for these cases at the next status conference in July.

• May 6, 2024: OneWheel attorneys submitted a proposed agenda for the Case Management Conference on May 9, 2024. Key points included:
  • Settlement Conferences: Magistrate Judge Beeler scheduled a remote pre-settlement conference on June 27, 2024, followed by in-person sessions on August 13 and October 1, 2024, with participation from the defendant and its insurers.
  • Status of Master Discovery: Future Motion provided all relevant commercial liability insurance agreements from 2014 to the present. Plaintiffs served their first set of document requests on March 15, 2024, and Future Motion was granted an extension to respond by May 15, 2024.
  • Bellwether Trials: Both parties proposed representative cases for bellwether trials, with plaintiffs focusing on the alleged product defect and injury mechanism, and Future Motion aiming to reflect various circumstances, rider experiences, and injury types across different Onewheel models.
  • JCCP 5305 Update: A new coordination California state trial judge was appointed in Santa Cruz, establishing a litigation and discovery schedule aligned with the MDL’s timeline and creating protective orders mirroring those in the MDL.
  • Pretrial and Trial Schedules: The parties plan to discuss the pretrial schedule for the representative cases three weeks before the next agenda submission.
  • Class Action Update: The court received refiled motions related to the dismissal and striking of the consolidated class action complaint, with a hearing set for May 23, 2024.
• May 1, 2024: Thirteen new cases were added to the OneWheel class action MDL, bringing the total number of cases to 55.
• April 26, 2024: A plaintiff seeks to enforce a settlement agreement with OneWheel for $50,000, allegedly reached last December. Future Motion later claimed the case would not be settled because the self-insured retention waiver was not met and then designated this case as its choice for the first bellwether trial in the MDL. While Future Motion acknowledges the settlement amount was agreed upon, they claim the agreement was conditional on reaching a sufficient number of tentative settlements in each policy period to activate a waiver of the self-insured retention by their insurance provider. This case provides insight into Future Motion’s view of a baseline settlement amount in the OneWheel litigation. It also reveals that there have already been multiple OneWheel settlements for accidents in 2019 and at least two settlements for accidents occurring in 2020.
• April 19, 2024: In-person settlement conferences for the OneWheel MDL are scheduled for August 13, 2024, and October 1, 2024, in San Francisco. Settlement Conference Statements are due by August 6, 2024.

Contact Nguyen Injury Lawyer at XXX-XXX-XXXX or visit our contact page for more information and assistance.

Will Future Motion offer fair settlement payouts to victims during the settlement conference? That remains to be seen. However, it’s clear Future Motion aims to resolve this litigation and avoid bankruptcy. Typically, class action lawsuits rarely settle without ongoing trials or impending trial dates. This litigation, however, might prove to be an exception.

April 15, 2024 – New OneWheel Lawsuit Filed

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

In Zurheide v. Future Motion, the plaintiff was riding a Pint X OneWheel in Boca Raton, Florida, last year when the device suddenly malfunctioned. This is a typical case—while operating the device normally, the OneWheel abruptly shut off and nosedived, causing the board’s front to hit the ground and eject the plaintiff. As a result, the plaintiff fractured his foot and heel, requiring surgery and the implantation of hardware.

This appears to be a strong case for settlement. The accident caused significant injuries and stemmed from the precise issue at the heart of this litigation.

This case will be transferred to the OneWheel MDL in California, where all federal OneWheel lawsuits are consolidated.

April 11, 2024 – Future Motion Picks Representative Death Cases

Yesterday, Future Motion’s lawyers submitted a proposal identifying three potential bellwether case candidates, as mandated by the initial case management order. The cases include two from Florida and one from Texas. The plaintiffs will nominate their own representative cases next week.

Why is a bellwether trial so critical in an MDL? A bellwether trial acts as a test case among lawsuits consolidated in an MDL. It gives both parties and the court insights into how juries may react to evidence and legal arguments. This helps predict the outcomes of similar cases within the MDL, potentially leading to settlements for the remaining cases and streamlining the legal process. It also pressures Future Motion to settle before a trial even occurs.

April 1, 2024 – 43 Cases in the MDL

As of April 1, 2024, there are 43 pending cases in the OneWheel class action MDL (In re: Future Motion Inc. Prod. Liab. Lit.). Only one new case was added to the MDL in the past month. Our attorneys at Nguyen Injury Lawyer are seeing a steady flow of new potential claims, though not as many as earlier in the year.

This is beneficial for the settlement amounts that OneWheel victims can expect. Why? Fewer lawsuits make it easier for Future Motion to provide reasonable compensation without facing bankruptcy.

March 20, 2024 – New OneWheel Lawsuit

A Florida woman filed a new OneWheel lawsuit last week. She claims she was riding a OneWheel Pint X in 2022 when it unexpectedly “nosedived” without warning, ejecting her from the board and causing her to hit the ground forcefully. This sudden incident resulted in significant injuries due to the unexpected fall. The lawsuit was filed in Florida and will be transferred into the MDL.

February 24, 2024 – Onewheel Settlement Talks

The parties involved have jointly suggested that Magistrate Judge Laurel Beeler oversee their settlement discussions. Consequently, the court has appointed Judge Beeler to facilitate all settlement efforts in this multidistrict litigation.

The first settlement conference is scheduled for tomorrow, raising the possibility of early Onewheel settlements. Should you expect an early resolution? No.

February 2, 2024 – More on Bellwether Trials

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

Proposals must be submitted to the court by April 10, 2024. If there is any dispute regarding the representativeness of a case selected by the opposing party, the concerned counsel must provide their objections. Judge Freeman also suggests that the parties have alternative cases ready, should any objections be accepted.

January 19, 2024 – Bellwether Trials

This litigation is progressing rapidly. It is not typical to discuss bellwether trials this early in the process.

What are bellwether trials? In MDLs, they are test cases. A select few cases are tried first to assess how others might proceed. The faster bellwether trials occur, the quicker a settlement can be reached.

The plaintiffs’ lawyers are prepared to proceed, suggesting specific cases (Bunnell and Oatridge) as representative of the most severe injuries, including fatalities. They also propose selecting additional cases that represent less serious injuries.

The defendants, predictably, want to slow things down. They argue that it is premature to select representative cases, given the recent initiation of many Onewheel lawsuits and the anticipation of more filings. They also suggest a process where both the 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 steps needed to move forward 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 Nguyen Injury Lawyer reported on December 9th, this follows the U.S. Judicial Panel on Multidistrict Litigation’s decision last month to consolidate all OneWheel injury cases for pretrial proceedings in the Northern District of California.

December 11, 2023 – 5 More Onewheel Cases Filed

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

December 9, 2023 – Onewheel Class Action Lawsuit

Future Motion Inc., the maker 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, as well as consumer economic loss class claims.

These Onewheel lawsuits, filed in 14 different federal district courts with more expected, 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.

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 meet 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 attorneys at Nguyen Injury Lawyer are receiving numerous calls regarding these cases. These lawsuits all argue that flaws in the board’s design, particularly in its safety mechanism known as “pushback,” have led to serious 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 alleging personal injuries and economic damages as a result 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 alleged defects or issues with the product.

In 2018, the plaintiff purchased a OneWheel device online, beginning a collection over the years. He was a dedicated OneWheel enthusiast, owning every model the company offered.

In April 2021, while riding on a smooth, paved road at a steady pace of 15 miles per hour on their OneWheel XR, the customer experienced a sudden malfunction.

The device ejected the rider, causing them to fall onto the pavement. The fall resulted in painful road rash and a broken wrist, affecting the rider’s mobility and daily function.

October 30, 2023 – Future Motion OneWheel Class Action Lawsuit

There are now 31 OneWheel lawsuits spread across 15 states. Does a OneWheel class action lawsuit against Future Motion make sense?

In their class action lawsuit, all 31 plaintiffs allege injuries from unexpected shutdowns or stops of the Onewheel device. Most of these suits share a common theme: riders fall and are injured because the Onewheel stops unexpectedly. All the plaintiffs have filed complaints based on product liability.

In fact, many of the OneWheel legal complaints are nearly identical, sometimes copied verbatim across different complaints.

According to Future Motion, centralizing these cases 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, citing that the district has the highest number of related cases and is familiar with Future Motion litigations. Additionally, they state that 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 believes it is a favorable venue.

About Onewheel

Future Motion’s Onewheel is a self-balancing, one-wheeled transportation device powered by a battery, often described as an electric skateboard. Operation of Future Motion’s Onewheel is partially controlled and monitored 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 balance themselves. Once 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 have been launched, varying mainly in size and battery range. 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. While it is undoubtedly fun to ride, the question remains whether it is safe.

Onewheel Can Suddenly Stop and Nosedive

Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com/contact or call us at XXX-XXX-XXXX for a free consultation.

Onewheel Pushback and Nosediving

The Onewheel is designed to provide “pushback” to the rider as they approach the device’s operational limits. This pushback is intended to slow the rider by lifting the nose of the board. However, in many instances, the Onewheel may unexpectedly shut off and nosedive instead, causing the rider to be thrown from the device.

Various factors can influence when and why a Onewheel shuts down and nosedives. These include the rider’s weight, tire pressure, wind direction, battery level, rider stance, and the degree of incline or decline. This makes it nearly impossible to predict precisely when a nosedive will occur or what will trigger it. Velocity is a primary factor in pushback nosediving. When experiencing velocity pushback, the rider will feel the nose of the board rise to varying degrees upon reaching a certain speed. This often occurs at speeds lower than the device’s maximum due to the factors mentioned above.

Another type of pushback occurs when the Onewheel’s battery is nearing depletion. This pushback is supposed to alert riders by dramatically elevating the nose. When the Onewheel senses that the batteries are about to be damaged by over-depletion, the board may shut off completely. This leaves the rider suddenly off-balance and can result in being thrown from the board.

CPC Warning Regarding Onewheel Products

On November 16, 2022, the United States Consumer Product Safety Commission (CPSC) issued a warning to consumers, urging them to stop using Onewheel products due to the risk of ejection. The press release stated that “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.”

Future Motion responded to the warning with a statement on TikTok by its CEO, arguing that Onewheel devices are widely misunderstood rather than inherently dangerous. The company also challenged the CPSC’s recall notice, claiming that the agency failed to identify any specific defect in the devices.

A spokesperson for Onewheel stated that “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

Following further injuries and deaths, Future Motion supported a new recall notice in September 2023, affecting 300,000 of these self-balancing skateboards. The CPSC urgently advised consumers to stop using the skateboards. The notice emphasized that the skateboards may fail to balance the rider if their operational limits are exceeded, posing a significant risk of crashes that could lead to severe injuries or fatalities.

Some of the highest Onewheel settlement amounts may be awarded to victims injured between the first and second CPSC announcements. Keeping this product on the market during that time was a critical error that even Onewheel has had to acknowledge.

Onewheel Nosedive Lawsuits

Over the past year, the number of product liability lawsuits filed against Future Motion has grown rapidly. These lawsuits involve injuries caused by the Onewheel nosedive defect. The lawsuits allege that Onewheel riders suffered severe injuries when the scooter nosedived and stopped suddenly, ejecting the rider.

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

The motion for consolidation was granted. Onewheel lawsuits have been consolidated into a new class action MDL in California. The cases will undergo a consolidated discovery process, after which sample cases will be selected for bellwether test trials. The results of these trials are generally used to facilitate a global settlement deal where Future Motion agrees to pay claimants certain amounts. Nguyen Injury Lawyer can provide updates on this process.

Who Can File a Onewheel Lawsuit?

Individuals who suffered serious physical injuries while riding a Onewheel electronic skateboard due to a sudden stop, nosedive, or other malfunction may be eligible to file a Onewheel injury lawsuit. Contact Nguyen Injury Lawyer at XXX-XXX-XXXX or through our website at https://www.nguyeninjurylawyer.com/contact for a consultation.