California Court of Appeal Rules Bird Rides Owes Duty of Care Over Dangerously Parked Scooters

On an evening in 2019, Sara Hacala was walking on a Los Angeles sidewalk during holiday shopping when she tripped over a Bird electric scooter that was protruding from behind a trash can. She sustained serious physical injuries in the fall. Hacala and her daughter filed suit against Bird Rides, Inc. and the City of Los Angeles.

The Los Angeles County Superior Court dismissed the case against Bird, accepting the company's argument that it bore no legal responsibility for how its dock-less scooters ended up parked on public sidewalks once riders finished their trips. McGee Lerer and Associates, representing Hacala, appealed that dismissal.

On appeal, attorneys Dean Ogrin and Rowena J. Dizon argued that Bird's business model -- collecting GPS data on every scooter, setting terms of service for riders, and retaining the ability to remotely disable or reposition its fleet -- gave the company meaningful control over where scooters ended up and the capacity to address dangerous parking situations.

The Court of Appeal, Second District, Division 3 agreed. In its April 10, 2023 opinion, the panel held that Bird owes a general duty of ordinary care under California Civil Code Section 1714. The court rejected any categorical exemption from liability, finding that Bird's operational capacity to monitor its fleet and screen renters placed it squarely within the reach of ordinary negligence law. As Catherine Lerer of McGee Lerer summarized to the Santa Monica Daily Press: 'Bird must pick up its poop.' The court was careful to note that the ruling does not make Bird automatically liable in every case -- whether the duty was breached depends on the circumstances of each incident.

The appellate court reversed the dismissal of claims against Bird and remanded for further proceedings. The dismissal of claims against the City of Los Angeles was affirmed on government immunity grounds.

The decision drew attention across the micromobility industry as the first California appellate ruling to squarely address scooter company liability for improperly parked vehicles, and it opened the courthouse door for other pedestrians injured in similar circumstances.