Lithium-ion (Li-ion) batteries are prevalent in modern life, powering everything from smartphones and laptops to electric vehicles and e-cigarettes. While they offer convenience and portability, these batteries pose a serious safety risk if not manufactured or handled correctly. Dozens of lithium-ion battery explosions have occurred in the U.S. in recent years, causing devastating injuries, property damage, and emotional trauma.
At Stark & Stark, we understand the complexities of Li-ion battery explosion cases and the challenges victims face. A dedicated product liability attorney can help hold negligent manufacturers and retailers accountable for these dangerous products. We are committed to fighting for the compensation you deserve to recover from your injuries, rebuild your life, and send a message of safety to the industry.
What common products contain lithium-ion batteries?
Lithium-ion batteries are found in a substantial number of products, including:
- Smartphones, tablets, laptops, and personal computers
- Digital cameras and camcorders
- Portable gaming devices
- Vaping devices, known as electronic cigarettes, vapes, or e-cigs
- Electric vehicles (EVS), including cars, buses, and bicycles
- Smartwatches, fitness trackers, and other wearable devices
- Hoverboards and self-balancing scooters
- Headphones and other Bluetooth devices
- Cordless power tools, such as drills, saws, and impact drivers
- Medical devices, such as portable oxygen concentrators, defibrillators, and infusion pumps
- Uninterruptable power supplies (UPS)
What’s so dangerous about lithium-ion batteries?
Lithium-ion batteries are commonly used in electronic devices and electric vehicles due to their high energy density and rechargeable properties. However, these same qualities make lithium-ion batteries risky for consumers.
Potential hazards include:
- Overheating
- Fire
- Electrical shock from battery chargers
- Thermal burns
- Exposure to alkaline battery electrolytes
- High-velocity ejected internal components of batteries
What are the consequences of lithium-ion battery explosions?
Suffering injuries from a lithium-ion battery explosion can have life-altering consequences, including the following:
- Severe burns
- Scarring
- Shrapnel injuries
- Inhalation injuries
- Eye injuries
- Hearing loss
- Psychological trauma
- Property damage
Who can be held liable for a Li-ion battery explosion?
Depending on the specific circumstances of your case, various parties may be held liable for a lithium-ion battery explosion, including:
- Battery manufacturer
- Device manufacturer
- Retailer
- Charging accessory manufacturer
Other parties may be liable
In some instances, it may be possible to hold distributors and vendors at fault if they contributed to a product’s malfunction or defect in some way. For example, if a distributor removed important label information or if a vendor sold items that the manufacturer had recalled.
Your lithium-ion battery explosion attorney can examine the specifics of your claim to determine the best course of action against any potentially liable parties.
What is a product liability claim?
A product liability claim is a legal action against a manufacturer, distributor, retailer, or other party involved in a defective product’s design, production, or sale. These claims typically arise when a defective product causes harm to a consumer or user. Product liability law describes how a victim can hold these parties accountable for their injuries or damages from defective items.
Generally, three types of defects can give rise to a potential product liability claim: Design, manufacturing, and marketing.
Design defects
Design defects occur when a flaw in the product’s design makes it inherently dangerous or unsafe, even when manufactured correctly.
Manufacturing defects
Manufacturing defects occur during production or assembly, resulting in a product that deviates from its intended design and poses a safety risk.
Marketing defects
Marketing defects involve failures to provide adequate warnings or instructions about the proper use of a product. Manufacturers must warn consumers about foreseeable risks associated with using their products and provide clear instructions for safe use.
What must I prove to have a successful product liability suit?
In a product liability lawsuit, you must prove the following key elements to establish that the lithium-ion battery manufacturer or seller is liable for your injuries.
1. Meets the definition of “defective”
Your attorney must demonstrate that the lithium-ion battery had one (or more) defects mentioned above: Design, manufacturing, or marketing.
2. You suffered injuries or damages
Your lithium-ion battery explosion lawyer must show that you suffered injuries or damages from the defective battery exploding.
3. Causation
You must establish a causal link between the defect in the lithium-ion battery and your injuries, demonstrating the defect was a substantial factor in causing your damages.
4. Foreseeability
You may need to show your injuries or damages resulting from the defective battery were reasonably foreseeable to the manufacturer or seller.
5. Use of the product as intended
You must demonstrate you were using the lithium-ion battery as intended or in a reasonable manner at the time of the explosion.
6. Breach of duty
In cases involving negligence-based product liability claims, you may need to prove the defendant breached a duty of care owed to consumers, possibly including obligations to design safe lithium-ion batteries, manufacture the batteries according to industry standards, provide adequate warnings and instructions, and ensure that the batteries are free from defects.
7. Strict liability
In some jurisdictions, product liability claims are based on the theory of strict liability, which does not require proof of negligence or fault by the battery manufacturer or seller. Instead, you only need to show that the defective battery caused your injuries.
What damages can I recover in a lithium-ion battery explosion case?
Economic damages
Economic damages are your concrete financial losses with a clear monetary value. They aim to make you financially whole again after the incident. Recoverable economic damages in your Li-ion battery explosion case can include:
- Medical expenses – Current and future medical bills associated with treating your injuries.
- Lost wages and loss of future earning capacity – Compensation for wages you cannot earn, now and in the future due to your injuries and recovery.
- Property damage – Cost of repairing or replacing property damaged in the explosion.
- Replacement of the defective device – Cost of replacing the device that contained the faulty battery.
Non-economic damages
Non-economic damages are your intangible losses that compensate for the pain, suffering, and emotional distress caused by the battery explosion. They’re subjective and more difficult to quantify than economic damages. A jury considers the severity of your injuries and the impact on your life when awarding these damages, which can include the following:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Scarring and disfigurement
What other damages can you recover for injuries sustained from a lithium-ion battery explosion?
In rare cases of extreme negligence or intentional misconduct by the lithium-ion battery manufacturer or other parties involved, a court may award punitive damages to punish the defendant and deter similar conduct.
Each state has product liability laws that govern these cases. An experienced lithium-ion battery explosion lawyer with Stark & Stark can advise you on the laws applicable to your case and how they might impact the damages you can recover.
What is the deadline to file a lawsuit for injuries you suffer from a lithium-ion battery explosion?
Each state has a time limit, known as a statute of limitations, for filing a product liability lawsuit. For example, the following statutes of limitations apply to most of the cases we handle:
- New Jersey: Two years
- New York: Three years
- Pennsylvania: Two years
It is crucial to consult with a lithium-ion battery explosion lawyer to ensure you meet all deadlines for filing your claim. If you fail to file before the time is up, you could lose your right to compensation through the court system.
How can a battery explosion lawyer help?
A skilled Li-ion battery explosion lawyer at Stark & Stark can provide invaluable assistance if facing medical bills, lost wages, or emotional trauma after an accident. Here’s how we can help.
Investigating the cause of the explosion
We conduct a thorough investigation to determine the cause of the explosion. This may involve collecting evidence such as the damaged battery, the device it powered, witness statements, and expert reports from engineers and fire investigators.
Identifying liable parties
Our product liability team carefully analyzes the facts of your case to identify all potentially responsible parties, including the battery manufacturer, device manufacturer, distributor, or retailer.
Building a strong case
Your lithium-ion battery explosion lawyer gathers evidence to support your claim for damages, consults with experts, and builds a solid legal case demonstrating how the defective battery caused your injuries and damages.
Negotiating with insurance companies
Insurance companies will try to minimize your claim. We handle all communications with insurance adjusters and aggressively negotiate for the maximum compensation you deserve.
Fighting for you in court
If a fair settlement cannot be reached, we represent you and present compelling evidence to secure a favorable verdict.
Work with our battery explosion lawyers to hold negligent companies accountable and get the compensation you deserve
Do not hesitate to seek legal representation if you have been injured or suffered losses from a lithium-ion battery explosion. Contact Stark & Stark at (800) 535-3425 to schedule a free consultation with one of our experienced lithium-ion battery explosion lawyers. We can assess your case and provide the guidance and advocacy you need to pursue justice and compensation.
