Lawyers Investigate Hoverboard Safety Standards After It Was Bought From Well Known Retailer

A family from Buckinghamshire have concluded legal action against Costco after a mum suffered serious burns when her son’s hoverboard, which was bought as a Christmas present, exploded and burst into flames.

JoAnn Ensell is one of many reported cases of consumers who were affected by the mass import of poorly manufactured hoverboards in the lead up to last Christmas. She sustained serious burns when her son’s hoverboard – the self-balancing two wheeled scooters – was taken off charge and exploded six days after purchasing it.  

Son Henry, 11, and dad, David Ensell, were not physically hurt in the explosion but the experience was very distressing and frightening for them.

The family instructed Matthew Newbould, specialist product liability lawyer at law firm Irwin Mitchell to investigate their case and recover damages with wholesaler Costco, where the board was bought from; the case was settled last month. 

Like many modern electrical products, hoverboards use lithium batteries which store a great deal of energy. In the event of electrical failure, lithium ion batteries can explode, posing a serious risk of injury.  

Thousands of imported hoverboards were seized by Trading Standards last year and a significant number were destroyed because of failures to meet European safety standards.  The investigation led to a number of retailers, including Costco, removing some models from their shelves, 

Following the explosion, the board owned by the Ensell family was subjected to electrical analysis by Trading Standards. The assessment identified safety issues with the batteries, charger, plugs and cabling. 

Matthew Newbould, expert product liability lawyer, said:

Expert Opinion

“Hoverboards are often bought as a present and are commonly used inside because they cannot be legally used on public land – this puts peoples’ homes at immediate risk.

“JoAnn suffered serious burns on her arm, and the family is lucky to not have had their home destroyed in a fire from the explosion. We have seen hoverboard cases where families have been left without a home and possessions after they have been destroyed.

“The majority of manufacturers and retailers care about the safety of their products and take a keen interest in securing the high standards their reputations depend upon. But the huge range of consumer products available in today’s market place inevitably means that some products are less safe than others, especially given the number of counterfeit products being sold.

“Sometimes it can be really hard to tell the difference between counterfeit products and genuine items. Buying a fake electrical product can pose a serious safety threat, from leaking batteries to products overheating and exploding.

“We provide tips for consumers on what to look for when they’re buying electrical goods, particularly on what to check for look for when buying. As we have seen in JoAnn’s case, even reputable retailers can find themselves, perhaps unwittingly, with defective products on their shelves. Matthew Newbould - Associate Solicitor

JoAnne said: “I was taking the hoverboard off charge and it suddenly exploded like a bomb had gone off. I suffered excruciating burns that carried all the way from my hand and up to the top of my arm, and even my hair caught fire. My blistered skin was the worst pain I have ever experienced but I was more worried about the safety of my son.

“My burns have healed since the accident but I still have scarring and the terrifying memory of what happened. I would advise anyone buying an electrical gift this Christmas to only buy from a reputable company, check all parts of the product and to never leave them unattended when charging.”

Matthew Newbould and his client JoAnn and her family were seen on the ITV Tonight programme on 1 December talking about her ordeal. As part of the Irwin Mitchell product liability campaign, SafetyAsStandard, Matthew is campaigning to tighten consumer rights and manufacturing law over counterfeit products to ensure consumer safety. 

If you are still looking to buy electrical goods this season for Christmas presents, Matthew provides his top 5 tips:

1) Check that the company you are buying from is reputable. If buying online, Trading Standards recommend looking for a professional website, with a landline contact number, details of a head office, and accurate spelling and grammar as evidence that the company is legitimate.

2) Look for the CE mark on all parts of the product. All products imported into Europe are required to carry the CE mark as evidence of safety compliance. If the CE mark is missing, the product may be unsafe or a counterfeit.

3) Be careful if replacing components such as the charger, or if you are buying individual components separately. Some devices which may appear to be compatible with one another, may not be, and could create a risk of fire or explosion. Always check with the seller that the individual parts are suitable for use with one another.

4) Register your warranty for the product with the manufacturer. Registration of your warranty is the currently the only way the manufacturer can obtain your details and notify you in the event that a product recall or a safety notice is required.

5) Buy with a credit card if possible. That way, if there is a problem with the product, you will have additional legal protection under the Consumer Credit Act 1974, including in some cases the right to seek compensation from your credit provider, rather than the seller or manufacturer.

If you or a loved one has suffered due to a defective product, our expert personal injury solicitors could help you claim compensation. View our Defective Product Claims page for more information.