A class action lawsuit has been filed against Hoverton, LLC, doing business as Swagtron, alleging that its Swagtron SG-5 Swagger 5 Boost Commuter Electric Scooters pose serious fire and burn hazards due to faulty lithium-ion batteries.
The lawsuit filed by plaintiff David Alvarez arises from a recall issued by major retailers like Walmart and Sam’s Club for approximately 18,000 units of these scooters, priced between $175 and $450 each. The recall followed reports of overheating incidents leading to fires and consumer injuries. Despite this, Alvarez alleges that Swagtron continued to sell "recertified" versions of these scooters online. According to the complaint, Hoverton misrepresented the safety of its products despite being aware of the risks. "The Products are defective because they can catch fire," states the complaint, emphasizing that alternative designs could have mitigated these dangers.
Alvarez purchased one such scooter from Walmart and experienced overheating during normal use. He argues that he would not have bought or paid as much for the product had he known about its defects. The lawsuit accuses Hoverton of fraudulent concealment, unjust enrichment, and violations under New York General Business Law § 349, among other charges. It seeks compensatory damages for all affected consumers who purchased these hazardous products.
The plaintiffs are seeking several forms of relief, including compensatory and punitive damages, restitution, injunctive relief to prevent further sales of the defective scooters, and coverage for legal fees. They argue that Hoverton's actions were not only negligent but also constituted a breach of contract and duty towards consumers.
David Alvarez is represented by attorney Philip Furia from Sultzer & Lipari PLLC and Paul J. Doolittle from Poulin Willey Anastopoulo LLC (Pro Hac Vice forthcoming). The case was filed in the United States District Court for the Eastern District of New York under Case No.: 2:25-cv-01730.