On December 10, 2015, Kaplan Fox and co-counsel filed a class action lawsuit against Swagway, LLC and Modell’s Sporting Goods over the sale of defective Swagway Hoverboards.  Plaintiff’s case alleges that Swagway Hoverboards were powered by high-powered lithium batteries and that the Hoverboards contained a material defect that causes the Hoverboards to self-combust or short-circuit while charging batteries that can lead to fires, burns and other safety issues.  The lawsuit was filed in federal court in the Northern District of Indiana.

Plaintiff’s Complaint alleges that Swagway and Modell’s violated consumer protection and warranty laws by marketing and selling Hoverboards as safe products while concealing the dangerous defects that could cause the Hoverboards to combust and catch fire.  Plaintiff’s Complaint states that his Hoverboard caught fire on December 6, 2015, the first night that he charged the Hoverboard after using it, causing significant damage to his house and requiring the fire department to be called:

Newsweek, Buzzfeed.com, and the Wall Street Journal have all reported fires that are alleged to have been caused by combusting hoverboards.

Plaintiff’s lawsuit seeks damages and other relief on behalf of himself and other consumers who have been defrauded and harmed by the sale of Swagway’s Hoverboards.