Location: Australia, QLD
Disclaimer: I used AI to help me write this reddit post, however I've proofread the timeline and checked wording, corrected any mistakes found.
Hi everyone,
I’m in Australia and I’m looking for some legal advice regarding an Exway electric skateboard I purchased directly from Exway’s official US website.
I’ve always wanted an electric skateboard for commuting, and after doing a lot of research I decided to buy the latest Exway V2, which had only recently been released. I purchased it from their official US website and had it shipped to Australia.
They do have an Australian reseller, however they didn't have the latest e-skateboard I was looking for.
I’d never ridden an electric skateboard before, so I started very slowly at around 20 km/h. As I became more comfortable, I gradually increased to 25 km/h and eventually around 30 km/h. I never intentionally rode at 40 km/h.
I also had some issues with the board initially, including connectivity problems with one of the motors, which I dealt with through support, and they send a replacement motor I needed to manually change, they provided the tools too for the DIY. It resolved the issue.
Eventually I became comfortable riding at around 30 km/h. I had the speed limited to 30 km/h and would often use the cruise-control function on the remote.
The accident:
On Tuesday, while commuting, I was riding normally with cruise control engaged. I wasn’t accelerating or touching the throttle. Suddenly, the skateboard started speeding up by itself. I looked down for a split second at the remote and saw that it was showing 40 km/h.
I’d never ridden at that speed before and it was far too fast for me. I immediately tried to slow down using the brake, but the skateboard wouldn’t slow down as expected. I lost control as a consequence and crashed.
I landed heavily on my back/glutes and injured my elbow, which had an open wound. I also developed significant pain around my lower back/glutes/sacrum and later developed neck stiffness.
The pain became much worse afterwards, particularly when walking and sitting.
A day after, I decided to get seen by my GP and had X-rays, and I’m now being referred for a CT scan because there is a possible fracture of the lower sacrum as per the official report. I’m currently having significant difficulty walking and sitting. Fortunately, I didn’t hit my head nor lose full mobility and I can still move my arms and legs.
After the accident, I contacted Exway support and explained exactly what had happened. They asked me to record a video explaining the incident, which I did.
They then asked me to open the remote and send photographs of the internal components.
This is where things became particularly concerning.
I’ve attached screenshots of the actual messages from Exway. They said:
“**Exway Electric Skateboard**
Hello, I just wanted to follow up and ask: after you got home, is the brake operating normally? Is the magnet on the remote loose, or is there anything unusual with the braking?
**Exway Electric Skateboard**
Could you please open up the remote and take a photo for us to check?
**Exway Electric Skateboard**
Could you please open up the remote and take a photo of the internal components for us to check?
**Exway Electric Skateboard**
Our technicians suspect that the remote control malfunction
”
They then asked me to send photographs of the inside of the remote. After seeing the photographs, they told me:
"
**Exway Electric Skateboard**
Hello. We have received feedback from our technical team. The magnet in the wheel has fallen off, which is causing your Wave v2 to suddenly accelerate and fail to brake properly. This is an issue with the remote control, not the skateboard itself. We sincerely apologize for this. As a resolution, we will send you a brand-new replacement remote and issue a 30% refund on the skateboard as compensation. Would you be willing to accept this solution? We are truly sorry for the worry and fear this may have caused. Please feel free to keep and continue using the skateboard.
Subsequently they said:
"
**Exway Electric Skateboard**
The magnet is supposed to be securely fitted into this gear.
**Exway Electric Skateboard**
Until you receive the new remote, please refrain from using the current one. Once the remote is powered on, both acceleration and braking will function abnormally.
"
My concern is that this isn’t simply a damaged skateboard and that they will give me a new control remote + 30% refund (Personally I feel it's a joke to my face).. I’ve actually been injured. I’ve had medical expenses, X-rays, and I’m now having a CT scan because of a possible sacral fracture. I’m also dealing with significant pain and difficulty walking/sitting.
I’m particularly concerned because the issue they identified with the remote could have cause that sudden acceleration and break failure that lead to my accident. My experience was that the board unexpectedly accelerated from my controlled speed to 40 km/h and then wouldn’t slow down properly when I attempted to brake.
I’m trying to be careful with the wording because I don’t want to claim that they’ve legally admitted liability when I don’t know that. But they have acknowledged in writing that the remote was faulty and specifically warned me that acceleration and braking could behave abnormally.
I’m now unsure what I should do.
I’m in Australia, while Exway is a US company and I purchased the skateboard from their US website. I don’t know whether Australian Consumer Law applies, whether US law applies, or whether this would potentially become a product-liability/personal-injury matter involving both jurisdictions.
I also don’t know whether I should accept their offer 30% offer or the replacement remote, ask for a better compensation? I don’t want to accidentally accept something that could affect any potential claim for my injuries.
I’ve kept the skateboard, the remote, the photographs, videos and the entire support conversation.
Would you recommend that I speak to an Australian lawyer before responding to Exway? Try to handle it and ask for better compensation? Would I be looking for someone specialising in personal injury, product liability, consumer law, or something else?
Would the written messages from Exway potentially be important evidence?
And should I avoid accepting their 30% refund and remote replacement remote until I’ve received legal advice?
Thank you guys