Can I take a (working) scooter on the street and use the 30 USD kit? After all, it's an item on the street. What legal action can Bird take? Just curious.. Can I take legal action if I throw my stuff around the street and then start taking legal action if someone re-uses it?
You're describing theft. Bird didn't abandon their scooter, they know where it is and intended for it to be there.
As noted in another thread here, something being left on the street doesn't mean it's legally abandoned, whether it's a car, a wallet, or an electric scooter.
Most jurisdictions require the (former) owner to intentionally relinquish ownership in order for something to be considered abandoned.
The point is that Bird are leaving their own stuff on the street without asking for permission first. In Sydney that would be considered littering, which is a punishable offence. Similarly if you leave your car for too long in the same car spot, the council will send you an impounding notice and, ultimately, tow the car and send you the invoice.
Very different. With other bicyle's or strollers, you have the presumption of private ownership--that someone else owns them, was using them, and intends to keep using them without interruption of their ability to do so.
But Birds, Jumps, et al, have deliberately left their scooters in public spaces for others to use. And that makes all the difference, legally.
You're being quite disingenuous in multiple threads about this. They're not left out for anyone to use. They let certain people use the scooters after getting explicit permission.
Nope, not being disengenous. You can use the scooters without paying or getting permission in the app first, you simply lose the benefit of the electric boost.
Source: there are a dozen in front of my office and I just used one to go a block without using the app. Works fine if you're willing to use human power.
I can't find anything on their website that suggests such a use is any more purposeful than taking someone's personal bike off a rack. And I found a page saying it beeps at you in complaint because you're not authorized.
Yes, you can. In fact, in California, and in most US states, you can make a citizen's arrest of the someone (assuming you're a citizen), haul them to the nearest police station, and book them for petty larceny.
Yes, you probably can, if you have the intention to eventually return it to them. After all, Bird left them lying around on public property for others to use.
So long as you don't attempt to claim the scooter as your own (i.e., sell it), you're probably fine.
At any rate, no DA is willing to prosecute someone over this. They have more important things to do with their time and resources.
You need to actually read the BB article, they were talking about people who were buying them from impound after their owners had abandoned them and not paid the fines
No, because then many more people would go after them for various other torts, including trespass, property damage, etc. It's not a can of worms they want to open up.
I don't think anything is stopping people from going after Bird now if they thought their claims were meritorious and I'm not sure if Bird going after scooter thieves would change that.
