Swagtron Scooters: Are They Fire Hazards? Lawsuit Alleges Battery Defect

Case Overview: A class action lawsuit accuses Swagtron of selling electric scooters with a battery defect that can cause overheating and fires, posing a safety risk to users.

Consumers Affected: U.S. consumers who purchased Swagtron SG-5 Swagger 5 Boost Commuter Electric Scooters.

Court: U.S. District Court for the Eastern District of New York

A new lawsuit accuses Swagtron of selling thousands of electric scooters that can overheat and catch fire—posing what the suit calls a “serious bodily injury or death” risk to users.

The suit targets Hoverzon LLC, which sells Swagtron-branded electric scooters, and centers on the SG-5 Swagger 5 Boost Commuter model, powered by a lithium-ion battery. According to the complaint, the scooters have a defect that makes them prone to overheating, melting, smoking, and—in some cases—catching fire.

Major retailers Walmart and Sam’s Club issued a voluntary recall of about 18,000 units in February after receiving multiple reports of burn injuries and property damage. Despite the recall, the lawsuit says Swagtron continued selling “recertified” scooters directly through its website and other platforms, including Amazon.

Lawsuit Details Overheating and Melting Incidents

David Alvarez, who filed the proposed class action lawsuit, says he purchased a Swagger 5 Boost scooter from Walmart, unaware of any fire risk. The Medford, New York resident says his scooter began overheating during everyday use and ultimately melted.

Alvarez says he bought the product expecting it to be safe. Instead, he claims, he was sold a defective and hazardous device. According to the lawsuit, Swagtron not only failed to disclose the risks, but actively marketed the scooter as safe and effective for commuters.

The U.S. Consumer Product Safety Commission issued an official recall in February. The affected models include several variations of the SG-5 series, with model numbers printed on the side of the scooter deck.

According to the complaint, Hoverzon received reports of overheating and fire incidents but failed to alert consumers in a timely or transparent way. The lawsuit accuses the company of “fraudulent, unfair, deceptive, and misleading” practices.

Battery Defect Lawsuits: A Growing Trend?

The lawsuit is the latest in a wave of legal actions over lithium-ion battery hazards. 

Jeep faces multiple lawsuits over fire risks in hybrid Wrangler and Gladiator models. Audi and Volkswagen are being sued for battery issues in their e-tron SUVs. And class actions have been filed over battery-powered Ryobi mowers and SKIL PWRCORE 40 tools sold by Chervon.

In his lawsuit against Hoverton LLC, Alvarez wants to represent anyone in the United States who purchased Swagtron’s SG-5 Swagger 5 Boost Commuter Electric Scooter. He is seeking damages for the defect, emotional distress, and what he calls a breach of trust in the company’s representations. He’s also asking the court for injunctive relief to stop Swagtron from selling the scooters without proper warnings.

Case Details

• Lawsuit: Alvarez v. Hoverton, LLC. D/B/A Swagtron
• Case Number:2:25-cv-01730
• Court: U.S. District Court for the Eastern District of New York 

Plaintiffs' Attorneys

• Philip Furia (SULTZER & LIPARI, PLLC)
• Paul J. Doolittle (Poulin | Willey | Anastopoulo, LLC)

Do you own a Swagtron SG-5 Swagger 5 Boost scooter? What has your experience been? Share your thoughts below.