During a recent government meeting, officials discussed the potential for a class action lawsuit against illegal e-bike manufacturers and sellers, particularly in light of rising accidents involving these vehicles in the city. The conversation centered on whether the city of Larkspur could initiate such litigation, even if the manufacturers were outside its jurisdiction.
Legal experts present at the meeting noted that for a class action to proceed, there must be a defined group of plaintiffs from similarly affected jurisdictions and demonstrable damages that the city could claim. However, they expressed skepticism about the viability of such a case, citing the difficulty in establishing concrete monetary damages to the city from individual injuries caused by illegal e-bikes. While there may be some increase in law enforcement costs, officials questioned whether these could be considered sufficient grounds for a lawsuit.
The discussion also touched on alternative legal avenues, such as pursuing claims under the business and professions code related to unfair business practices. Although recent court decisions have made it more challenging to obtain injunctive relief against businesses misrepresenting their products, there have been instances where district attorneys have successfully brought civil litigation against violators in the past.
The meeting concluded with a call for further investigation into the legal options available to address the issue of illegal e-bikes and their impact on public safety.