In the immediate aftermath of a lithium-ion battery fire injury, your primary focus is likely ensuring your physical safety. However, you may quickly realize you now face other stressors and expenses, such as costly property damage, expensive medical treatment, missed time at work, and perhaps even permanent disability.
This post discusses the legal process after lithium-ion battery fire injuries, including who has the right to file a claim, what you need to prove, and how an attorney can help.
What Dangers Do Lithium-Ion Batteries Pose?
Lithium-ion batteries are powerful rechargeable batteries used to operate electric vehicles and equipment such as cell phones, laptops, vape pens, and hoverboards. Because many of these personal devices are stored or used close to the body, they can cause grave physical injuries when they malfunction.
Examples include the following:
- Serious burns
- Facial injuries
- Broken bones and fractures
- Puncture wounds and bleeding
- Smoke inhalation injuries
- Loss of a body part
- Vision or hearing damage
- Death
What Causes Lithium-Ion Batteries To Explode or Ignite?
Lithium-ion batteries can explode or catch fire from physical damage, exposure to extreme temperatures, saltwater inundation, or overcharging. These conditions can lead to “thermal runaway,” which prevents the cells from dispelling heat and causes the battery to ignite or explode.
For these reasons, consumers should take the proper safety precautions to protect themselves from lithium-ion battery fire injury. However, batteries can sometimes explode or ignite even when devices are correctly used and stored. Exploding batteries and fire hazards may be due to design flaws or manufacturing defects in these cases.
When Are Manufacturers Liable for Lithium-Ion Battery Fire Injuries?
When harmed by dangerous lithium-ion batteries, consumers can seek to hold manufacturers accountable through a personal injury lawsuit. In North Carolina, you may be able to claim a breach of warranty, which alleges that the manufacturer misrepresented their product.
You may also qualify to file a negligence-based claim, which must prove that a mistake was made during design, production, advertising, transport, or storage. Examples include the following:
- The materials were contaminated or of inferior quality.
- The parts were improperly installed or arranged.
- The devices were transported or stored at incorrect temperatures.
- The product packaging failed to warn of potential dangers.
Others in the supply chain, such as retailers, distributors, marketers, and transport companies, may also be legally responsible for your injuries.
Who Can File a Lithium-Ion Battery Injury Claim?
If you or a family member suffered a lithium-ion battery fire injury, a personal injury attorney can help evaluate whether you qualify to file a claim. Successful product liability claims (defective product cases) in North Carolina must prove the following:
- You suffered an injury.
- Your injury occurred despite using the product as instructed or advertised.
- Your lithium-ion battery fire injuries occurred through no fault of your own. In other words, you used the product in a reasonable way and took commonsense steps to minimize risk.
- Your injury was due to improper design, a manufacturing flaw, inadequate warning labels, or a party’s mishandling of the product.
What Compensation Can I Seek for a Lithium-Ion Battery Accident?
North Carolina lithium-ion battery fire injury victims can seek two types of compensation:
- Economic damages — the direct financial costs of the accident — including medical expenses, property damage, and lost wages
- Non-economic damages — the less quantifiable consequences of the accident — including pain and suffering, emotional trauma, and mental health conditions like anxiety and depression
How Can a Lithium-Ion Battery Injury Attorney Help Me?
Defective lithium-ion battery cases fall under product liability law, which is notoriously complex and demands requisite knowledge and experience.
A skilled North Carolina product liability attorney can help with the following:
- Determining the deadline for filing your claim
- Explaining your legal options and protecting your rights
- Calculating your economic and non-economic damages
- Identifying the potentially negligent parties
- Proving negligence in lithium battery fire accident claims, including collecting evidence, identifying the specific malfunction, and working with technical consultants
- Defending you against claims of negligence
- Advocating for you in settlement negotiations
- Representing you in court if your case goes to trial
Lithium-ion battery fire injury victims in North Carolina have only two years to file a claim. To protect your right to seek compensation, consult a knowledgeable local attorney as soon as possible after your accident.
At Paynter Law, our legal team has extensive experience with lithium-ion battery fire injury claims. Our nationally recognized team represents individuals, consumers, and businesses with laser focus and efficiency. For a free consultation, call us at (919) 245-3116 or contact us online today.