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Lawyer For NYers Injured In Revel Crashes Says Beware Of Moped Company's Terms Of Service
By
Sydney Pereira
Published Jul 26, 2020
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Jen Chung/Gothamist
By
Sydney Pereira
Published Jul 26, 2020
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Electric moped sharing company Revel is facing scrutiny after a local TV news reporter, Nina Kapur, died while riding on a Revel in Brooklyn. Over the weekend, two more people were injured, and a spate of injury lawsuits have been filed against the company in recent months.
Revel, which launched in Brooklyn about two years ago and recently expanded into Manhattan, offers electric mopeds for a $5 one-time fee, $1 to unlock the moped, and 35 cents a minute to ride. Revel users can add a passenger for $1 as well. An instructional video is a part of the sign-up process, and an in-person class is optional for users. But critics say the company needs more safety protocols.
"I'm a fan of alternative transportation. I'm a fan of getting people out of their vehicles," Daniel Flanzig, a lawyer representing various people struck by Revel riders or Revel-users who were injured themselves, told Gothamist.
But with the company, he says there is a "huge learning curve" that potential Revelers may not know about.
"With better training, with making sure [there's] better enforcement of helmet wearing, they can be, if done properly, a good thing for New York," he added. "And the other issue too is New York's infrastructure is so lousy." He says New York City's potholes and construction, as well as pedestrians, for-hire vehicles, and buses crowding the streets poses challenges for inexperienced riders.
Revel, which was recently approved for forgivable federal loans through the Paycheck Protection Program totaling $1 to $2 million, said it requires riders to have a driver's license, follow local traffic laws, and wear a helmet.
The company has suspended 2,000 riders in the past six weeks, a Revel spokesperson said.
In the coming weeks, it will roll out an in-app safety exam, and starting this week, riders will have to "confirm that they are wearing a helmet" before every ride.
The company is finalizing the measures and will share details on them "soon."
NY1 reports that 12 cases have been filed against Revel in New York state court. One Revel rider, John Ruiz, suffered severe injuries leaving him with metal plates and screws in his leg after trying to stop the moped to avoid hitting someone walking in the street, he told the news channel.
According to the lawsuit filed against Revel and others, the moped's "tires were balding and needed replacement and the brakes were not properly working."
Flanzig has filed four complaints against the company, including one from a woman who was injured during a Revel training last October, according to a complaint filed January 2020.
Court records show the company, which denies the Revel rider's claims, wants her to go through the arbitration process, rather than a formal court proceeding, which is a part of the terms and conditions riders sign when they hop on the Revels.
The mandatory arbitration clause requires disputes to be resolved through a "neutral arbitrator instead of in a court by a judge or jury," the terms and conditions read.
"There is no judge or jury in arbitration, and court review of an arbitration is limited," the terms read. The clause also prohibits class arbitrations or class actions against the company. (Third-parties—like pedestrians or other motorists involved in a crash with a Revel user—wouldn't be subject to the terms.)
"What you're giving up is a little less obvious because it's so difficult to read all that text on a smart phone," Flanzig said, questioning why the company would have the clause.
The Revel spokesperson said the company is unable to comment on active legal matters, but added: "We take reports of safety violations extremely seriously, and we work closely with city officials to address any violations."
"When we launched Revel, we knew that expanding access to mobility would mean taking on the risks of the road," the spokesperson said. "We've been working since day one to combat these risks, and are constantly working to do more in the long-term battle to make our streets safer."
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Sydney Pereira
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