Class Action Against Bird, Lime, Xiaomi, and Segway for E-Scooter Injuries
Won by McGee Lerer Ogrin.
Catherine Lerer of McGee Lerer, co-counseling with Costell & Cornelius, filed a class action in October 2018 against Bird, Lime, Xiaomi, and Segway on behalf of riders and pedestrians seriously injured by dockless e-scooters deployed across Los Angeles.
What happened
In the fall of 2017, Bird began releasing thousands of dockless electric scooters onto the sidewalks and piers of Los Angeles and Santa Monica without seeking city permits or conducting rider-safety programs. Lime followed within months. By late 2018, emergency rooms were recording broken arms, fractured orbital sockets, knocked-out teeth, and at least three deaths nationally.
On October 19, 2018, Catherine Lerer of McGee Lerer, serving as co-counsel with Costell & Cornelius, filed a class action in Los Angeles County Superior Court naming Bird Rides, Lime, Xiaomi Corporation, and Segway as defendants. The complaint alleged gross negligence, product defects, and what the filing described as 'aiding and abetting assault' through willful indifference to public safety. Defendant Segway removed the case to the U.S. District Court for the Central District of California, creating parallel proceedings.
The eight original plaintiffs described a range of serious harm. David Petersen, 62, was performing on the Santa Monica Pier when a Bird scooter struck him, severing his bicep and requiring surgery. Tina Ogata tripped over three Lime scooters left across a sidewalk, fracturing her wrist and finger. Other plaintiffs reported head injuries, loss of consciousness, fractured legs, and lacerations requiring emergency care. Within days of filing, more than 75 additional potential class members contacted the firm, including a 67-year-old who suffered a brain injury and a seven-year-old struck while walking who sustained damage to eight front teeth.
The core theory pressed by Lerer was that Bird and Lime knew their devices were dangerous and deployed them in ways 'certain to cause injuries.' The complaint documented how the companies incentivized independent chargers not to report damaged scooters by withholding payment for broken units, leaving defective hardware in circulation. Neither Bird nor Lime required helmets, neither fitted scooters with license plates or identifying markings, and neither restricted sidewalk riding at launch.
Court records show Bird filed a declaration in May 2021 seeking in-camera review to disclose settlement amounts, confirming the case resolved before trial. The Los Angeles Superior Court docket reflects the matter as disposed. No public settlement figure was disclosed.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.NBC Los Angeles - Broken Arms, Legs, Teeth Lead to Class-Action Lawsuit Against E-Scooter Companies (names Catherine Lerer)
- 2.Insurance Journal - As Deaths, Injuries Pile Up, So Do Claims Against Electric Scooter Firms (names Catherine Lerer, McGee Lerer)
- 3.Santa Monica Daily Press - Bird riders and gig workers allege injuries from faulty scooters in lawsuit (names McGee, Lerer and Associates)
- 4.CBS News Los Angeles - Bird, Lime Accused Of Aiding And Abetting Assault In Class Action Injury Lawsuit (names Catherine Lerer)