Amica Sues Amazon & Bike Co. After E-Scooter Sold Online Caught on Fire

Amica Sues Amazon & Bike Co. After E-Scooter Sold Online Caught on Fire

Rhode Island insurance company Amica is suing Amazon.com Services LLC  — and Jetson Electric Bikes — after a couple purchased an e-scooter on the platform that “malfunctioned, caught fire, and caused a fire” at their house. 

The growing popularity of e-scooters is exploding.

The electric scooter market is projected to grow from $4.3 billion in 2024 to $12.4 billion by 2030, registering a compound annual growth rate of 18.9%, according to a new report by MarketsandMarkets.  

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The number of fires linked to e-scooter batteries is also increasing. 

According to the 17-page lawsuit filed in U.S. District Court in Providence on June 24, Harold and Maryann Hottenstein, who lived on Remington Farm Drive in Coventry and were insured by Amica, purchased a “Jetson Glyro” flashing LED electric scooter on Amazon.com back in 2015 with lithium-ion batteries and a charger. 

“The defendant, Amazon.com Services LLC, was responsible for the marketing, sale, and distribution of the Product to the Plaintiff,” the lawsuit contends. “The Defendant, Amazon.com Services LLC, attracted the purchaser of the product to the Defendant, Amazon.com Services LLC’s website at Amazon.com.”

The legal action by Amica comes after retailer Target and Jetson Electric Bikes came to a $38.5 million settlement in March with the parents of two girls who died in a 2022 house fire caused by a defective hoverboard, the Jetson Rogue.

 

Scooter Caught Fire & Caused Damages in RI 

According to the lawsuit, Hottenstein and the users of the product “maintained the produced in a safe and proper manner, without any alteration or modification, in accordance with the Product’s instructions.” 

“On or about November 25, 2019, the product malfunctioned, caught fire, and caused a fire inside of the Dwelling and caused damage to the Dwelling,” the lawsuit alleges. “The Product malfunctioned because of defects in its design and manufacture.”

Fires linked to e-scooters are a growing problem. "The New York City Fire Department reported a dramatic rise in such fires in 2023, with 268 incidents leading to 150 injuries and 18 deaths. San Francisco tells a similar story, with 215 battery fires documented since e-bikes and e-scooters gained popularity there in 2017," according to UL Standards and Engagement.

Amica says that “as a result of the loss and the defendants’ negligence and breach of implied warranty of merchantability, and pursuant to the policy, Amica made payments in satisfaction of its obligation to and/or on behalf of its insureds,” says the lawsuit of the insurance payout to the Hotttenstiens. 

Now, Amica is suing both Jetson Electric Bikes and Amazon.com Services LLC on the counts of negligence; breach of implied warranty of merchantability, and strike liability. 

“The defendant, Amazon.com Services LLC, breached the implied warranty of merchantability because the Product was not of merchantable quality, unsafe, not reasonably fit for its intended purpose and not free of any defects,” contends Amica’s attorney John Donovan in the lawsuit. 

The lawsuit maintains Amazon “distributed a product that posed a risk of fire during normal use” and “marketed an inherently unsafe and/or dangerous product.” 

The lawsuit seeks a judgment against Jetson and Amazon declaring that as defendants, they are legally and financially responsible for the damages. 

Amazon did not respond to request for comment at time of publication. 

 

Some E-Scooters Banned

The problem is so significant and some products are so flawed the federal government has banned some types of e-scooters.

In 2023, the U.S. Consumer Product Safety Commission (CPSC) warned consumers about the risk of fire from Toos Elite 60-volt electric scooters. The scooters were sold under the brand-name “Zooz” and “Toos.” CPSC urged consumers to immediately stop using their Toos Elite 60-volt scooters.

The urgent warning came after two people, including a seven-year-old, died in an apartment fire that local fire officials determined was caused by the lithium-ion battery in a Toos Elite 60-volt scooter. The fatal incident occurred on April 10, 2023, in New York City. The Toos Elite 60-volt scooter has not been certified by an accredited laboratory to the applicable UL safety standard.