Table of contents
- Latest Swagtron Scooter Lawsuit Updates
- March 28, 2025: Class Action Filed in New York
- February 20, 2025: Walmart Recalls the Scooters
- October 17, 2024: CPSC Warns Consumers to Stop Using the Scooters
- What Is the Swagtron Scooter?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Potential Compensation
- Frequently Asked Questions
- Is There a Swagtron Scooter Lawsuit?
- Is Walmart Being Sued over the Swagtron Scooter?
- Do You Get Reimbursed for the Recalled Swagtron Scooter?
- What Does the Research Say About Swagtron Scooter Fires?
- Where Do I Find the Model Number on My Swagtron Scooter?
- Who Is Hoverton, LLC?
The Swagtron SG-5 Swagger 5 Boost Commuter Electric Scooter has been tied to battery fires, burns and a recall. The Consumer Product Safety Commission says its lithium-ion battery can overheat, smoke, melt and ignite.
One putative class action, Alvarez v. Hoverton, was filed in the Eastern District of New York on March 28, 2025. It alleges the battery is defective and the fire risk was concealed.
Walmart recalled about 17,970 of the scooters on February 20, 2025. If you own one, stop using and charging it.
Latest Swagtron Scooter Lawsuit Updates
March 28, 2025: Class Action Filed in New York
David Alvarez filed a putative class action, Alvarez v. Hoverton, LLC d/b/a Swagtron, in federal court in New York [1]. It covers all persons in the United States who purchased the SG-5 Swagger 5 Boost scooter.
The complaint alleges seven counts, including fraudulent concealment, failure to warn, design defect and New York General Business Law section 349. These are allegations. No court has ruled on them.
February 20, 2025: Walmart Recalls the Scooters
The Consumer Product Safety Commission announced that Walmart recalled about 17,970 scooters sold at Walmart and Sam’s Club. The CPSC recall notice, number 25-138, offers a refund [2].
The notice says manufacturer Swagtron had not been responsive to the CPSC’s request for a recall. Walmart agreed to recall the scooters as the retailer.
October 17, 2024: CPSC Warns Consumers to Stop Using the Scooters
The CPSC warned consumers to immediately stop using and charging Swagtron SG-5 Swagger 5 Boost scooters, citing reports of overheating, smoking, melting or igniting.
The warning covers the scooter from every seller, not only Walmart and Sam’s Club. It came four months before the recall.
What Is the Swagtron Scooter?
According to the CPSC product safety warning 25-014, it is an electric commuter scooter [3]. The CPSC recall notice adds that it is sold in black or silver.
SWAGGER 5 is printed in large lettering on the stem of the handlebars. The battery sits beneath the scooter deck. The recall and the class complaint both concern that battery.
Who May Be Affected?
You may be affected if you bought a Swagtron SG-5 Swagger 5 Boost Commuter Electric Scooter. Walmart and Sam’s Club sold the recalled models from May 2018 through October 2024 for between $175 and $450.
The CPSC warning also lists Tractor Supply, Best Buy, Amazon, eBay and Swagtron.com as sellers from 2019 to the present. Prices there ran between $140 and $607.
Others who may be affected include owners whose scooter overheated, smoked, melted or ignited. People hurt by a scooter fire, or with property damage from one, may also be affected. Whether a claim exists depends on an individual legal review.
Reported Injuries or Damages
The class complaint alleges economic loss. It says buyers overpaid for a product the plaintiff calls worthless and dangerous. These are allegations, not findings.
The CPSC recall notice describes seven reports of overheating, smoking, melting or igniting scooters. One ignition caused a fire, a burn injury and substantial property damage to a residential apartment building.
The CPSC warning places that fire in Pittsburgh, Pennsylvania in November 2023. CPSC reports are not proof that the scooter caused every incident. No court or agency has made a finding on that question.
Recall and Regulatory Background
CPSC recall 25-138 covers models SWGR5-V2-SLV, SWGR5-V2-2, SG5 Boost, SG-5S, 96262-2, 96262-9 and 96560-2. A recall does not itself establish liability.
The CPSC asks owners to take these steps:
- Cut the throttle cord.
- Dispose of the whole product under local hazardous waste rules, never in the trash or a battery recycling box.
- Report incidents to SaferProducts.gov.
Evidence to Preserve
Keep these items if it is safe to do so. They can show which scooter you bought, what happened and what it cost you:
- The scooter and charger
- The model number of the scooter
- The Walmart or Sam’s Club receipt or order email
- The recall refund email, if you received one
- Photographs of the scooter, the battery and any damage
- Medical records for burns or other injuries
- Fire department or insurance reports
- Messages with the seller or Swagtron
Filing Deadlines
Deadlines for filing a claim come from state law. They depend on where you live and when the fire, injury or loss happened.
If you wait too long, a claim over a scooter fire or loss may be barred. Talk with a lawyer promptly about the deadline that applies to you.
Potential Compensation
If a claim succeeds, damages in a product fire case can include medical bills and injury from burns. They can also include property damage from a fire and the cost of the scooter.
The class complaint asks for compensatory, statutory and punitive damages and restitution. No settlement, verdict or certified class has been reported, and no court has awarded anything.
Compensation amounts vary by case. Past results do not guarantee future outcomes. Potential compensation depends on the facts of each claim.
Frequently Asked Questions
Is There a Swagtron Scooter Lawsuit?
Yes, a Swagtron scooter lawsuit exists. The plaintiff says he bought his scooter at Walmart and it overheated during normal use. He seeks to represent a nationwide class of purchasers and alleges a safer design was feasible and buyers overpaid.
Is Walmart Being Sued over the Swagtron Scooter?
Walmart is not being sued over the Swagtron scooter in the class action. The named defendant is Hoverton, LLC d/b/a Swagtron. Walmart’s role was limited to the recall, as the retailer.
Do You Get Reimbursed for the Recalled Swagtron Scooter?
You get reimbursed for the recalled Swagtron scooter with a full refund if you bought it at Walmart or Sam’s Club. Walmart sends those buyers an email with instructions. Walmart answers questions at 800-925-6278, 7 a.m. through 9 p.m. CT any day.
What Does the Research Say About Swagtron Scooter Fires?
Research on Swagtron scooter fires shows the CPSC received seven reports of these scooters overheating, smoking, melting or igniting. The agency also knows of 139 reports of fire or other thermal incidents involving other Swagtron products. Reports alone do not prove the scooter caused any incident.
Where Do I Find the Model Number on My Swagtron Scooter?
You find the model number on the side of the scooter deck. The CPSC recall notice lists seven recalled models, so read the number on your deck before you decide whether your scooter is covered.
Who Is Hoverton, LLC?
Hoverton, LLC is organized under Indiana law, with its principal place of business in South Bend, Indiana. It sells the scooters under the Swagtron brand and is the company named in the class action complaint.