Case Information:
- Filing Date: March 28, 2025
- Court: U.S. District Court for the Eastern District of New York
- Plaintiff: David Alvarez
- Defendant: Hoverton, LLC d/b/a Swagtron
Allegations at a Glance:
David Alvarez brings a class action lawsuit against Hoverton, LLC, the company behind Swagtron, alleging that its SG-5 Swagger 5 Boost Commuter Electric Scooters are dangerously defective. The scooters, powered by lithium-ion batteries, are allegedly prone to overheating and catching fire, posing serious risks of burns, property damage, or death. The U.S. Consumer Product Safety Commission issued a recall of approximately 18,000 units in February 2025 following multiple reports of fire-related incidents.
Despite this, the complaint claims that Swagtron continued to sell the scooters—sometimes as “recertified” models—on its own website and through third-party platforms like Amazon. Alvarez, who purchased one of the recalled units from Walmart, experienced overheating during normal use. He accuses the company of failing to warn consumers and misrepresenting the scooters as safe for everyday household use.
Do You Have a Question You'd Like Help With? Contact Debt Coach Damon Day. Click here to reach Damon.
Key Allegations:
- Defendant sold scooters known to be defective due to fire-prone lithium-ion batteries.
- Despite recalls and known safety risks, Swagtron continued marketing and selling the product.
- Defendant misrepresented the safety of the scooters, failing to disclose overheating risks.
- Plaintiff’s scooter overheated and partially melted during regular use.
- Feasible and safer alternative designs were available but not used.
Legal Claims:
✅ Unjust Enrichment
✅ Fraudulent Concealment
✅ Strict Liability – Failure to Warn
✅ Strict Liability – Design Defect
✅ Negligent Failure to Warn
✅ Negligent Design Defect
✅ Violation of New York General Business Law § 349 (Deceptive Acts and Practices)
Relief Sought:
💰 Compensatory, statutory, and punitive damages
💰 Restitution and disgorgement of profits
💰 Equitable relief to stop further sales of the product
💰 Prejudgment interest
💰 Attorneys’ fees and court costs
💰 Class-wide injunctive and declaratory relief
The Bottom Line:
This lawsuit highlights the growing concerns around the safety of consumer e-mobility products. Consumers who own a Swagtron SG-5 scooter should check whether their unit is part of the February 2025 recall and stop use immediately. The complaint seeks to hold Hoverton accountable for allegedly concealing a known fire hazard in its product.
Legal Disclaimer:
The facts and claims described in this summary are based solely on allegations contained in the plaintiff’s complaint. These claims have not been proven in court. Lawsuits may be dismissed, settled, or withdrawn.
✅ Fact Check Summary:
All factual claims in this post, including the timeline, alleged conduct, legal claims, and damages sought, are accurately drawn from the original complaint. No information has been added beyond what was stated in the lawsuit.
👥 Parties Involved:
Plaintiff: David Alvarez
Defendant: Hoverton, LLC d/b/a Swagtron
📍 For the current status of this case, visit: https://www.courtlistener.com/docket/69810867/alvarez-v-hoverton-llc/
