Los Angeles Times

San Diego moving to crack down on Segways

Planned insurance, safety requiremen­ts come after $1.7-million settlement in 2018.

- By David Garrick Garrick writes for the San Diego Union-Tribune.

SAN DIEGO — San Diego is cracking down on Segway companies in the wake of a $1.7 million payout last year to a rider injured in La Jolla and a separate wrongful-death lawsuit from a crash in Old Town.

The city plans to begin requiring local Segway tour companies to follow new safety procedures, acquire comprehens­ive liability insurance and indemnify the city against any potential lawsuits.

Segways are twowheeled motorized vehicles that carry one person standing upright. The devices were invented in 2002.

The City Council voted 8-1 last week to approve the new requiremen­ts, but a second vote is required this fall. Councilwom­an Barbara Bry voted “no,” contending that the new law would be too punitive to Segway operators.

The owner of one local Segway tour company said the new requiremen­ts would put her out of business. But no other tour company owners spoke against the proposal during the Aug. 6 council meeting. “I cannot just raise tour prices,” said Bridgette Bisogno, owner of Adventures in San Diego. “I am competing in a market, in the San Diego market, one of the most saturated markets in the world.”

Councilman Scott Sherman said he empathized with the Segway tour companies, characteri­zing them as small businesses. But he also said that limiting the city’s liability is more important. “I know it’s a hardship,” Sherman said. “Our job is protecting the taxpayer here, and I think this is what we need to do.”

In the case that led to the $1.7-million settlement, the tour company that rented out the Segway didn’t contribute to the payout because it didn’t have liability insurance and the company’s owner had limited assets. The goal of the new law is to reduce the number of injury crashes and limit the city’s vulnerabil­ity to large payouts when injuries occur, city officials said.

The new safety procedures would prohibit Segway use by intoxicate­d people, require users under 18 to be accompanie­d by an adult and mandate that tour guides have a driver’s license. In addition, the rules would limit each Segway to one rider at a time and require that they move in single file.

On insurance, the companies would be required to obtain commercial liability insurance of at least $1 million per case and $2 million per year. An earlier version of the proposal would have required $2 million per case and $4 million per year.

Segway is the name of the leading company in the industry. In order to make sure the city’s new law would also apply to competitor­s, it refers to the vehicles as “electronic assistive personal mobility devices.”

The $1.7-million payout went to Regina Capobianco, who suffered a shattered pelvis in a Segway crash in July 2015, and her husband, Christophe­r Capobianco, because her injuries were found to have damaged their marriage. Capobianco’s 2016 lawsuit said she needs intense physical therapy and relies predominan­tly on a wheelchair to get around, preventing her from performing the full-time job she had before the Segway crash.

Also last year, the family of Jeff Hassett filed a wrongful-death lawsuit against the city claiming he struck a 3- to 4-inch concrete stub in the sidewalk while riding a Segway in March 2016.

The suit, filed by Hassett’s four siblings, says the stub was created by the removal of a light pole in Old Town.

The suit says Hassett suffered broken ribs, a toe injury that required amputation and damage to an internal heart defibrilla­tor that led to a fatal infection.

 ?? John Gastaldo San Diego Union-Tribune ?? SEGWAY is the name of the leading company in the industry. To ensure that a planned San Diego law applies to competitor­s, it refers to the vehicles as “electronic assistive personal mobility devices.”
John Gastaldo San Diego Union-Tribune SEGWAY is the name of the leading company in the industry. To ensure that a planned San Diego law applies to competitor­s, it refers to the vehicles as “electronic assistive personal mobility devices.”

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