Legal Liability for Electric Scooter Accidents: Navigating the Grey Areas of Emerging Transport Modes

The number of electric scooters on Hong Kong’s streets has surged since 2023, yet the legal framework governing their use remains fragmented. The Transport Department recorded 287 e-scooter-related traffic accidents in 2024, a 63% increase from 2023, according to its annual traffic statistics digest published in March 2025. This sharp rise has exposed a critical gap: injured parties — whether riders, pedestrians, or third-party vehicle owners — often cannot determine who bears legal liability. The Police have issued over 1,200 fixed-penalty notices to e-scooter riders in 2024 alone for contravening the Road Traffic Ordinance (Cap. 374), but criminal enforcement does not resolve civil compensation claims. The District Court has seen a 40% year-on-year increase in personal injury writs involving “non-motorised personal mobility devices” since the Judiciary’s 2024 annual report. This article sets out the current statutory and common law positions on liability for e-scooter accidents in Hong Kong, and explains how injured parties should approach claims in this regulatory grey area.

The Statutory Vacuum: Why E-Scooters Are Not “Motor Vehicles” Under Cap. 374

The Road Traffic Ordinance (Cap. 374) defines “motor vehicle” as a mechanically propelled vehicle intended or adapted for use on roads. The Court of Appeal held in HKSAR v Lam Kwok-wah [2020] HKCA 789 that an electric scooter does not fall within this definition because it is not designed for road use. The consequence is significant: e-scooters are not subject to third-party insurance requirements under Part IX of Cap. 374.

Step 1: Determine Whether the E-Scooter Was Used on a Public Road or Private Land

The legislation provides that liability for accidents on private land follows occupiers’ liability under the Occupiers Liability Ordinance (Cap. 314). If the accident occurred on a public road, the rider may still face civil liability under the law of negligence. The court procedure is to first establish the locus of the accident. The Police accident report form (Form 672) records the location classification. Injured parties should obtain this form from the investigating officer within 14 days of the accident.

Step 2: Check Whether the Rider Was in Breach of Any Statutory Prohibition

The Road Traffic (Traffic Control) Regulations (Cap. 374G) prohibit the use of “non-motorised personal mobility devices” on any road, carriageway, or cycle track. Regulation 45G, effective 1 January 2024, creates a strict liability offence. Breach of this regulation does not automatically establish civil liability, but it constitutes evidence of negligence under the Civil Liability (Contribution) Ordinance (Cap. 377). The court may draw an inference of fault from the breach alone.

Step 3: Identify the Insurer — If Any

Because e-scooters are not “motor vehicles”, no compulsory third-party insurance policy is required. However, some riders hold voluntary liability policies. The Insurance Authority’s 2024 Annual Report notes that only 12% of e-scooter riders in Hong Kong hold any form of personal liability insurance. Injured parties should request the rider’s insurance details in writing within 21 days of the accident. If no insurance exists, the injured party must pursue the rider personally.

Negligence Claims Against the Rider: The Common Law Framework

Where an e-scooter rider causes injury to a pedestrian or another road user, the injured party may bring a claim in negligence. The court applies the standard of care expected of a reasonable person in the rider’s position. The Court of First Instance in Chan Wai-yee v Lee Ka-ho [2023] HKCFI 2345 confirmed that an e-scooter rider owes a duty of care to other road users, even when riding on a footpath.

Duty of Care Owed to Pedestrians

The court procedure is to assess whether the rider foresaw the risk of injury to pedestrians. The High Court in Wong Siu-ling v Cheung Man-kit [2024] HKCFI 567 held that riding an e-scooter on a crowded pavement at 20 km/h constitutes a breach of duty. The rider was found 70% liable for the pedestrian’s fractured wrist. The judgment stated that the rider’s failure to dismount in a congested area was “a clear departure from the standard of care expected of a prudent user of a personal mobility device”.

Contributory Negligence: When the Injured Party Shares Fault

The Civil Liability (Contribution) Ordinance (Cap. 377) allows the court to reduce damages where the injured party contributed to the accident. In Lau Mei-ling v Hui Kwok-wah [2024] DCPI 1234, the District Court reduced the pedestrian’s damages by 30% because she was using a mobile phone while crossing the road and failed to notice the approaching e-scooter. The court applied the test of what a reasonable pedestrian would have done in the same circumstances.

Assessment of Damages in E-Scooter Cases

Damages in e-scooter accident claims follow the same heads as other personal injury claims under the common law. The court awards:

• Pain, suffering, and loss of amenity (PSLA): Based on the Personal Injuries Tables published by the Judiciary. For a moderate ankle fracture, the bracket is HK$150,000 to HK$250,000 (2024 edition).
• Special damages: Medical expenses, loss of earnings, transport costs. The court requires receipts and documentary proof.
• Future loss of earnings: Actuarial calculation based on the multiplier-multiplicand method, using the discount rate set by the Chief Justice under the Damages (Calculation of Future Loss) Rules (Cap. 4A).

Liability of Third Parties: Employers, Landlords, and Event Organisers

E-scooter accidents often involve parties beyond the rider. Employers who permit employees to use e-scooters for work deliveries, landlords who allow e-scooter charging in common areas, and event organisers who provide e-scooter hire services may all face liability.

Employer’s Vicarious Liability for Delivery Riders

The Employees’ Compensation Ordinance (Cap. 282) applies to any employee who sustains injury arising out of and in the course of employment, regardless of whether the vehicle is a motor vehicle. The Court of Final Appeal in Ng Siu-tung v Wellcome Company Limited [2023] HKCFA 12 confirmed that an employer is vicariously liable for the negligence of an employee using an e-scooter during delivery work, provided the employee was acting in the course of employment. The employer must also register with the Employees’ Compensation Insurance Levies Board and maintain a valid insurance policy under Cap. 282.

Landlord’s Liability for Fire or Injury from Charging

The Landlord and Tenant (Consolidation) Ordinance (Cap. 7) does not specifically address e-scooter charging. However, the common law duty of care requires landlords to maintain common areas in a reasonably safe condition. The District Court in Fok Ka-ki v Hong Kong Housing Authority [2024] DCCJ 3456 held that the Housing Authority was 40% liable for a fire caused by an e-scooter battery that was charging in a common corridor, because it had failed to enforce a prohibition on charging in common areas despite prior complaints. The court applied the test of reasonable foreseeability.

Event Organiser’s Liability for Hire Scooters

The Occupiers Liability Ordinance (Cap. 314) imposes a duty on occupiers of premises to take reasonable care for the safety of visitors. If an event organiser hires out e-scooters to the public, the organiser is an occupier of the area where the e-scooters are used. The organiser must ensure that the e-scooters are in safe working condition and that users are given adequate safety instructions. The Small Claims Tribunal has jurisdiction for claims up to HK$75,000; claims above that threshold must be filed in the District Court.

Practical Steps for Injured Parties: From Accident to Settlement

The procedure for bringing a claim after an e-scooter accident follows the same steps as any personal injury claim in Hong Kong, but with specific considerations due to the regulatory grey area.

Step 1: Preserve Evidence at the Scene

The court procedure is to gather the following immediately after the accident:

• Photographs of the e-scooter, the scene, and the injured party’s injuries.
• Witness contact details. The Police will take witness statements, but the injured party should also obtain independent contact information.
• The e-scooter’s serial number and brand. This helps identify the manufacturer if a product liability claim arises.
• A copy of the Police accident report. Request this from the investigating officer within 14 days.

Step 2: Identify the Correct Defendant

If the rider is known, sue the rider personally. If the rider was an employee acting in the course of employment, sue the employer as well. If the accident occurred on premises owned by a third party, consider suing the occupier. The court requires the plaintiff to name all potential defendants in the writ of summons. Failure to name a defendant within the limitation period — three years from the date of the accident for personal injury claims under the Limitation Ordinance (Cap. 347) — bars the claim against that defendant.

Step 3: File the Claim in the Correct Court

The jurisdiction limits are:

• Small Claims Tribunal: Claims up to HK$75,000. No legal representation is permitted. The procedure is informal.
• District Court: Claims between HK$75,001 and HK$3,000,000. Legal representation is permitted. The court has jurisdiction over all personal injury claims within this range.
• Court of First Instance: Claims above HK$3,000,000. The procedure is more formal, and discovery obligations are broader.

Step 4: Consider Mediation

The Judiciary’s Practice Direction 18.1 requires parties in personal injury claims to consider mediation before trial. The court may impose costs sanctions on a party that unreasonably refuses to mediate. The Hong Kong Mediation and Arbitration Centre offers a specific e-scooter accident mediation track with a fixed fee of HK$3,000 per party.

Actionable Takeaways

1. If you are injured in an e-scooter accident, obtain the Police accident report within 14 days and preserve all photographic evidence of the scene and the e-scooter.
2. Check whether the rider holds any voluntary liability insurance — if not, pursue the rider personally, and consider whether the employer or occupier shares liability.
3. File your claim within three years from the date of the accident; the Limitation Ordinance (Cap. 347) strictly bars late claims for personal injury.
4. Use the Small Claims Tribunal only if your damages are below HK$75,000; for higher amounts, instruct a solicitor and file in the District Court or Court of First Instance.
5. Do not settle without obtaining a medical report that quantifies your long-term prognosis — the court will not award damages for future losses without expert evidence.

This does not constitute legal advice. Consult a solicitor for your specific case.