Over the past decade, it’s become almost routine to hear about a cell phone, hoverboard, or e-bike that has exploded or caused a fire. Some of these events have resulted in catastrophic burns, exposure to toxic gasses, and even death. When these tragedies occur, the manufacturer and distributor may be held legally responsible for the damage their defective or poorly designed product caused.
Lithium-ion batteries have become one of the most popular choices for powering electronic devices. They’re small and lightweight, hold power for a long time under storage, provide power for an extended period, perform well at extreme temperatures, and are almost endlessly rechargeable. While these benefits put lithium-ion batteries a step above older alkaline batteries, they also pose significant risks.
Overheating is the primary reason for lithium-ion battery failure. This can occur if the device is used for an extended period of time, if the wrong charger is used, or if there’s a short circuit. When overheating occurs, regardless of the underlying cause, lithium-ion batteries can undergo a phenomenon known as “thermal runaway.” In this process, the excessive heat in and around the battery causes a chemical reaction to occur within the battery, creating even more heat. That increases the rate of the chemical reaction, causing a dangerous loop of exponentially increasing heat and pressure until the battery violently explodes, releasing dangerous gasses and causing an aggressive, fast-moving fire.
Because lithium-ion batteries can catch fire when they overheat, it should be no surprise that burns are some of the most common types of injuries experienced when a battery fails. Battery failure due to overcharging, particularly when the battery is left to charge overnight without supervision, can result in a deadly house fire. To make matters worse, the chemical reactions involved in lithium-ion battery fires mean that these fires burn significantly hotter than fires caused by other means, increasing the risk of catastrophic injury or death for anyone near the blaze. Battery fires can also result in inhaling toxic fumes from the chemicals within the battery and smoke from the fire.
Lithium-ion fires often start with an explosion, making shrapnel injuries another cause of catastrophic injury or death. When explosions like this occur, the battery and the device it powers are typically both destroyed. Metal pieces, sharp shards of plastic or glass, rubber bits, dangerous chemicals found within the battery, and anything else on the inside and outside of the product can be thrown with high speed at anyone within the vicinity of the explosion, causing severe puncture wounds, cuts, blindness, and potentially even death.
It's hard to know who to blame when a lithium battery explosion or fire results in death or catastrophic injury. Manufacturers want to blame the consumer for ignoring safety warnings, and victims want to blame manufacturers for selling a dangerous product. Victims should contact an attorney specializing in product liability to determine who's at fault. Generally, Pennsylvania only gives victims two years to file a claim in such cases, so it’s important to find a good lawyer as soon as possible.
When determining whether a wrongful death due to a dangerous or defective product has occurred, you must consider several questions. Did the manufacturer have any safety mechanisms in place to prevent the battery from overheating? Was the manufacturer aware that the lithium-ion battery in their product was likely to have overheating issues? Have other people experienced something similar, and did the company do anything to reduce the risk once they learned of the defect?
Suppose it can be proven that the manufacturer knew (or should have known) that the lithium-ion battery in their product had the potential to overheat and cause serious injury or death. In that case, they should be held responsible for the harm that they’ve caused.
If your loved one was seriously injured or killed after a lithium-ion battery caused a fire or explosion, then your family deserves justice and compensation. The manufacturer and distributor of the product that caused your loved one’s injuries need to know that they can’t cut corners any longer.
The product liability lawyers at Ross Feller Casey in Philadelphia want to help you ensure that the people and corporations responsible are held accountable so that no one else is injured or killed as a result of their negligence. Ross Feller Casey has a record of success regarding product liability cases, and we’ve recovered more than $1 billion in the past five years alone.
We work on a contingency basis, so you won’t pay a thing unless a recovery is made in your case. Contact us today for a free consultation.
Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.