Brisbane City Council open to being sued over Lime scooters, says top legal firm

They’re the scooters taking Brisbane by storm but there’s a legal issue looming which could land Brisbane City Council with a stack of lawsuits from injured riders.

The Brisbane City Council may be leaving itself wide open to a lawsuit by not ensuring Lime provides helmets with all of its electric scooters.

Shine Lawyer’s solicitor Sarah Grace said there may even be grounds for an injured pedestrian to launch action against the State Government for allowing e-scooters to be ridden at speeds of up to 25k/h on a footpath.

The speed limit for e-scooters in Perth is 10km/h.

Ms Grace said the waters had yet to be tested over the liability of state and local government, but potentially they could both be named in a lawsuit, as well as Lime, for personal injury or loss of life.

Just one helmet between four e-scooters on Edward St, Brisbane on Friday. A leading law firm says the Brisbane City Council could be open to a lawsuit for not ensuring Lime have a helmet for every scooter. Picture: Darren Cartwright

Two Lime scooter riders suffer horrific injuries

Lime scooters vandalised and left in dangerous places

Lime scooters, everything you need to know

She said it would be reasonable for the council, as a public authority, to ensure a helmet was provided with each scooter as a response to the potential risk, because they approved their use on Brisbane footpaths, parks and walkways.

“They (State Government and BCC) are potentially liable,” Ms Grace said.

“If they made it something like 10km/h it would act as a deterrent to people riding them as a bit if fun and as opposed to a means of transport.”

“The BCC has essentially said let’s just see how it goes and in the circumstances I think that what makes them liable if someone is injured.”

Since their introduction late last year, about one person a day had presented at the Mater Hospital with a serious injury, said Director Emergency Medicine Dr Greg Treston.

He said Lime Scooter” specific information was collected after presentations were observed through the emergency department in November.

“Typical injuries associated with scooter presentations include serious abrasions, broken bones and sprains,” Dr Treston said.

Three students motor past Queensland parliament on Friday. Not only did they appear below the minimum 16-year-old riding age, they were not wearing helmets and they rode into the ‘no go’ zone at QUT Gardens Point Campus. Picture: Darren Cartwright

Ms Grace said the number of injuries being recorded at one hospital was enough to raise concerns but the problem was likely to be far greater and widespread.

“That’s one hospital and doesn’t include people who don’t report their injuries or who report to a GP and not a hospital,” she said.

Although there were plenty of scooters parked around the CBD without an accompanying helmet, a Lime spokesman said their riders respected the law and knew helmets must be warn.

The spokesman said they “do not keep track” of how many helmets have gone missing.

“Safety is our number one priority, which we try to provide helmets for all our riders,” the spokesman said.

“Wearing a helmet is part of the user agreement and we encourage our riders to wear a helmet, whether that be their own or one supplied by Lime, through our in-app messaging.”

Chef Daniel Follett fell off a Lime Scooter in December and cracked the head of his right femur and fractured pelvis. Picture AAP/David Clark

A Brisbane City Council spokesman said they do not conduct audits or place any obligation on Lime to provide a helmet with each e-scooter.

“Lime was issued a permit that outlined conditions on where the e-scooters can be placed and where they cannot be used, including South Bank Parklands, Roma Street Parklands and any area designated as a mall, he said.

“Helmets are mandatory under State law and is not something Council regulates or enforces,” the spokesman said.

“Queensland Police is responsible for enforcing helmet requirements.”