Product Liability
Thermal runaway happens in seconds and it does not need a warning sign
A lithium cell that goes into thermal runaway can vent, ignite and reignite in seconds, often while charging indoors, overnight, next to where someone is sleeping.
About lithium battery fires and explosions claims
Lithium-ion failures are engineering failures. A cell can be manufactured with internal contamination or a separator flaw that causes a short. A pack can be designed without adequate cell spacing, thermal management, or a battery management system able to stop an overcharge. A charger can be mismatched to the pack, or a product can be sold with no instruction that a damaged or swollen battery must never be charged.
The products we investigate include e-bike and electric scooter packs, hoverboards, vape and e-cigarette batteries carried loose in a pocket, cordless power tool packs, portable chargers and power stations, laptops and phones, and replacement or aftermarket cells sold online with counterfeit brand markings.
Because thermal runaway propagates from cell to cell, the resulting fires are unusually severe and often destroy the evidence along with the property. Origin-and-cause work by a qualified fire investigator, done early, is frequently what makes or breaks these claims.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Full-thickness burns requiring grafting and reconstructive surgery
- Inhalation injury from toxic vented electrolyte gases
- Blast and shrapnel injuries from a battery exploding in a pocket or hand
- Facial, dental and eye injuries from vape battery ruptures
- Permanent scarring, contracture and disfigurement
- Wrongful death and injury to other occupants in residential fires
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The cell manufacturer whose individual cells failed
- The pack assembler and the battery management system designer
- The brand or importer that sold the finished product
- The online marketplace or retailer that placed it into the stream of commerce
- The seller of a counterfeit, incompatible or aftermarket charger or cell
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Preservation of the fire scene, the device remains and any surviving cells
- Fire department and independent origin-and-cause investigation reports
- The charger, cable and any replacement battery used with the product
- Purchase records and listing screenshots identifying the seller and brand
- Certification claims (for example UL listings) and whether they were genuine
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Lithium Battery Fires and Explosions: common questions
Injured by battery fires? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.