In a world where electronic devices have become an integral part of our daily lives, the risk of battery explosions is a growing concern. And when such incidents occur, navigating the complexities of a battery explosion lawsuit is paramount. Whether it’s a faulty laptop battery or a malfunctioning e-cigarette, understanding the legal process and your rights is crucial to achieving a successful outcome.
At The Law Firm of Aaron Herbert, we understand the importance of providing accurate information and guidance to individuals involved in battery explosion lawsuits. Our experienced team of attorneys specializes in this complex area of law and can help you navigate the legal landscape with confidence.
In this article, we will delve into the key factors involved in a battery explosion lawsuit, shedding light on crucial aspects such as product liability, negligence claims, and the importance of expert testimony. We will also provide useful tips on how to gather evidence, identify responsible parties, and seek appropriate compensation.
So if you find yourself dealing with the aftermath of a battery explosion, stay tuned as we unravel the complexities and provide you with the knowledge you need to fight for justice.
The Law Firm of Aaron Herbert – Your trusted legal resource for battery explosion lawsuits.
Battery explosion lawsuits involve a complex legal landscape that includes various legal theories and principles. One of the key aspects of a battery explosion lawsuit is product liability, which holds manufacturers and sellers responsible for the injuries caused by their defective products. Product liability laws vary from jurisdiction to jurisdiction, but they generally require proving that the product was defective, that the defect caused the injury, and that the product was being used as intended.
In addition to product liability, negligence claims can also be pursued in battery explosion lawsuits. Negligence claims require proving that the responsible party had a duty of care, breached that duty, and that the breach of duty caused the injury. This can be particularly relevant in cases where the explosion was caused by improper installation, maintenance, or use of the battery.
Expert testimony plays a crucial role in battery explosion lawsuits. Experts in fields such as engineering, chemistry, and product safety can provide valuable insights into the cause of the explosion, the design and manufacturing defects, and the industry standards. Their testimony can help establish a link between the defective product and the injuries suffered, strengthening the case and increasing the chances of a favorable outcome.
Battery explosions can be caused by a variety of factors, including manufacturing defects, design flaws, improper use, and inadequate safety measures. Manufacturing defects can occur during the production process, leading to faulty batteries that are more prone to explosion. Design flaws, on the other hand, refer to inherent weaknesses or vulnerabilities in the battery’s design that make it more likely to explode under certain conditions.
Improper use of batteries is another common cause of explosions. This can include overcharging, exposing the battery to extreme temperatures, or using incompatible charging devices. It’s important to follow the manufacturer’s instructions and guidelines when using batteries to minimize the risk of explosions.
Inadequate safety measures, such as the absence of protective circuits or insufficient insulation, can also contribute to battery explosions. Manufacturers have a responsibility to ensure that their products are safe for consumer use and to implement appropriate safety features to prevent accidents.
If you or someone you know has been involved in a battery explosion incident, it’s important to take certain steps to protect your rights and build a strong case. The first and most important step is to seek medical attention for any injuries sustained. Even if the injuries appear minor, it’s crucial to have a medical professional assess your condition and document any injuries.
Preserving evidence is also essential in a battery explosion lawsuit. Take photographs of the exploded battery, the device it was used in, and any injuries or property damage caused by the explosion. Keep any receipts, packaging, or documentation related to the battery and the device. It’s also important to gather contact information from any witnesses to the incident.
Identifying the responsible parties is another crucial step. In some cases, it may be clear that the manufacturer of the battery or the device is at fault. However, there may be other parties involved, such as distributors, retailers, or even other users who contributed to the explosion. An experienced attorney can help identify all the responsible parties and hold them accountable for their negligence.
When it comes to navigating the complexities of a battery explosion lawsuit, having the right attorney by your side is crucial. Look for an attorney who specializes in product liability and has experience handling battery explosion cases. They should have a track record of success and a deep understanding of the legal principles and industry standards that apply to these cases.
It’s also important to consider the attorney’s resources and network of experts. Battery explosion lawsuits often require expert testimony to establish the cause of the explosion and prove the liability of the responsible parties. A well-connected attorney will have access to reputable experts in fields such as engineering and product safety, increasing the chances of a favorable outcome for your case.
Furthermore, choose an attorney who is dedicated to providing personalized attention and support throughout the legal process. Battery explosion lawsuits can be emotionally and physically taxing, and having an attorney who is responsive and compassionate can make a significant difference in your experience.
Evidence is the backbone of any successful battery explosion lawsuit. It’s important to gather as much evidence as possible to support your claims and establish the liability of the responsible parties. Start by preserving any physical evidence, such as the exploded battery, the device it was used in, and any other relevant objects or materials. Take photographs from multiple angles, ensuring that the details are clear and visible.
Medical records and reports are also crucial pieces of evidence in a battery explosion case. Make sure to obtain copies of all medical records related to the injuries you sustained as a result of the explosion. This includes medical bills, diagnostic tests, treatment plans, and any other documents that demonstrate the extent of your injuries and the associated costs.
Eyewitness testimony can be invaluable in establishing the cause of the explosion and the negligence of the responsible parties. If there were any witnesses to the incident, gather their contact information and request that they provide a detailed account of what they saw. Eyewitness testimony can help corroborate your version of events and strengthen your case.
Expert witnesses play a crucial role in battery explosion lawsuits. They can provide professional opinions and analysis based on their expertise in fields such as engineering, chemistry, and product safety. Their testimony can help establish a link between the defective product and the injuries suffered, making it more difficult for the responsible parties to deny liability.
Expert witnesses can help establish a direct link between the defective product and the injuries suffered, strengthening the case against the responsible parties. Their professional opinions and analysis carry significant weight in court, as they are considered unbiased and based on scientific principles.
When selecting an expert witness for your battery explosion lawsuit, it’s important to choose someone with the necessary qualifications and experience. Look for experts who have a deep understanding of battery technology, product safety standards, and the relevant industry regulations. Additionally, consider their track record as expert witnesses in previous cases and their ability to communicate complex concepts effectively.
Product liability is a key legal theory in battery explosion cases, holding manufacturers and sellers responsible for the injuries caused by their defective products. Product liability laws vary from jurisdiction to jurisdiction, but they generally require proving that the product was defective, that the defect caused the injury, and that the product was being used as intended.
There are three main types of defects that can lead to product liability claims: manufacturing defects, design defects, and failure to warn. Manufacturing defects occur during the production process and result in a product that is different from the intended design, making it more prone to explode. Design defects, on the other hand, refer to inherent weaknesses or vulnerabilities in the battery’s design that make it more likely to explode under certain conditions. Failure to warn occurs when the manufacturer fails to provide adequate warnings or instructions about the potential dangers associated with using the product.
Proving product liability requires a thorough investigation and analysis of the product, its design, and the circumstances surrounding the explosion. This is where expert witnesses can play a crucial role, providing professional opinions and analysis based on their expertise in fields such as engineering, chemistry, and product safety.
When pursuing a battery explosion lawsuit, you will have two main options: reaching a settlement or going to trial. Each option has its own advantages and considerations, and the best course of action will depend on the specific circumstances of your case.
Settlements offer a quicker resolution and can provide certainty in terms of the compensation you will receive. They often involve negotiations between your attorney and the responsible parties, with the goal of reaching a mutually agreeable resolution. Settlements can save you the time, stress, and costs associated with a trial, allowing you to move forward with your life and focus on your recovery.
On the other hand, going to trial can provide the opportunity to present your case to a judge or jury and seek a favorable verdict. Trials can be more time-consuming and expensive than settlements, as they involve preparing evidence, presenting arguments, and undergoing the court process. However, trials can also lead to larger compensation awards and can send a message to the responsible parties that their actions will not be tolerated.
When deciding whether to pursue a settlement or go to trial, it’s important to consult with your attorney. They will be able to assess the strength of your case, the potential risks and rewards of each option, and guide you in making an informed decision.
In the event of an explosion involving a lithium-ion battery, it is imperative to promptly seek medical attention for any injuries sustained, including burns.
The next crucial step is to speak with a knowledgeable malfunctioning lithium-ion battery attorney. At The Aaron Herbert Law Firm, we’ll assist you in obtaining the financial resources required to get the best medical care and live the life of your dreams. There is a time limit on filing claims.
Obtain A Free Case Evaluation from board certified personal injury attorney Aaron Herbert or a member of his litigation team specializing in batter explosion injuries and cases.
Get in touch with the knowledgeable burn attorneys at The Aaron Herbert Law Firm LLP if you or a loved one has sustained injuries as a result of a lithium-ion battery exploding or catching fire.
One of the most popular kinds of rechargeable batteries available today is the lithium-ion battery. These high-energy batteries have literally and figuratively exploded into the market due to the growing popularity of smartphones, tablets, e-cigarettes, mini-music players, and more.
Batteries have to squeeze into progressively smaller places as consumers sought smaller devices. Eventually, that led to issues.
In 2016, allegations of exploding Samsung Galaxy 7 cellphones went viral, drawing attention from all across the world.
Airlines quickly outlawed phones on flights due to concerns that the gadgets might spontaneously catch fire. September 2016 saw the recall of some Galaxy 7s by Samsung.
In the meantime, throughout the past few years, media outlets have been inundated with instances of hoverboards, e-cigarettes, headphones, laptops, and other items catching fire.
There are some hazards associated with batteries for these goods, but the makers are aware of them and have the ability to reduce them during the design and production process. Instead, when manufacturers cut corners, bad things could happen.
You might be able to sue for damages if a lithium-ion battery explosion caused you or a loved one to suffer serious injuries.
When generating power, lithium ions in a lithium-ion battery travel from the negative to the positive electrode and back again during recharging.
The soft, silvery alkali metal lithium has a wide range of applications. It is used in many industries, such as aviation and transportation, and is combined with aluminum and magnesium to form alloys.
In addition, it is utilized as lithium bromide in industrial drying systems and air conditioning systems, and to create specialty glass and glass ceramics. Lithium carbonate is used in medicine to treat manic depression.
Because it has a high electrochemical potential and is among the lightest elements in the periodic table, lithium is a good metal to employ in batteries. It has a large power output at low volumes.
The first lithium-ion battery was created in 1980, and Sony Corporation was the first to produce and market its version of the battery in 1991. This version of the battery represented an advancement over earlier attempts at development.
It soon became apparent that the enormous power produced by a small cell in these batteries could power a wide range of products.
These batteries were used in the development of numerous items, including e-cigarettes, computers, tablets, portable electric tools, toys, and e-bikes.
However, as manufacturers carried out further advancements that increased the batteries’ power output, they also had to contend with the problem that the batteries were growing more reactive.
While the majority of lithium-ion batteries function flawlessly, a few have exploded and caught fire in recent years, causing property damage as well as significant burns and other injuries to people.
Lithium-ion battery fires and explosions have been the subject of numerous product recalls and warnings, especially since the early 2000s.
These problems have also affected certain laptops, smartphones, cameras, hoverboards, and e-cigarettes. Lithium-ion battery export as cargo on passenger aircraft was outlawed by the International Civil Aviation Organization in 2016 due to the batteries’ reputation for being volatile.
However, lithium-ion batteries are widely available and might be considered the engine of the modern mobile world. The majority of them function well. But when they do break down, there are typically two main causes:
Deficits in one of these two areas are the root cause of a large number of product recalls and difficulties.
Lithium-ion batteries need several safety mechanisms to prevent overheating in order to function properly. Manufacturers run the danger of injuring customers if they don’t use these safety precautions.
Products need more power as technology develops, batteries need to fit into smaller spaces, and producers need to discover more cost-effective ways to make their materials.
This may occasionally result in quick cutbacks at the expense of security. The press has often included stories about cheap knockoff hoverboards starting flames.
A “separator” is a thin polypropylene piece positioned between the electrodes of a lithium-ion battery to prevent them from coming into contact.
The electrodes come into contact with one another if the separator malfunctions, which causes overheating.
As batteries are required to produce more power, designers have thinned out these separators to allow more room for reactive material—increasing the risk of short-circuiting if other precautions are not taken.
Overcharging the battery can potentially result in a short circuit, which has the potential to explode. Manufacturers, therefore, need to be sure the chargers they’re selling packaged with their products provide a safe level of charge.
They must also warn consumers to use only the chargers that come with their products, rather than purchasing other, cheaper chargers that may be poorly made, and may create an accelerated recharge.
A production or manufacturing flaw, a lack of proper insulation, inadequate ventilation, and more can all create a dangerous battery. In addition, lithium-ion batteries are filled with a flammable substance that can explode when it gets too hot. And that substance is also mixed with a skin-burning compound. This design makes poorly designed lithium batteries potentially very dangerous.
The other issue is that once overheating is present, it tends to snowball. The flammable substance inside creates a “thermal runaway” situation that is difficult to stop.
The main difference between these two batteries is that the lithium-ion battery is rechargeable, whereas the basic lithium battery is not. There are a number of other differences as well, including the following:
1) Lithium batteries (also called “lithium metal” batteries) offer a higher capacity with lithium-ion batteries
2) Lithium batteries use lithium metal in its metallic form, while lithium-ion batteries use lithium compounds like lithium cobalt dioxide or lithium manganese oxide along with other materials
3) Lithium batteries typically last longer than lithium-ion batteries
Lithium-ion batteries have become popular because they can store a lot of energy in a small, light space. This makes them perfect for today’s ever-shrinking technological gadgets. They provide higher voltages than other rechargeable batteries, delivering more power when needed, and discharge more slowly.
The Federal Aviation Administration (FAA) states that lithium-ion batteries in gadgets like cell phones, laptops, tablets, and headphones are allowed in carry-on baggage. When Samsung Galaxy 7 phones were exploding, there was a time when the airlines required all Samsung devices to be turned off in the cabin. After Samsung updated their batteries, these phones were allowed to be used on flights again. The airlines also allow all these batteries in checked baggage, as long as they are installed in the gadgets. Extra, uninstalled lithium-ion batteries, including spare battery packs, are not allowed. Electronic cigarettes and vaporizers are also prohibited in checked baggage.
When you are finished with any device that contains a lithium-ion battery, it’s recommended that you recycle that device. Most places that sell the batteries will accept them back for recycling. Never burn the devices or the batteries as they could explode.
Most lithium-ion batteries are safe. Millions of them are used every day in all types of technological gadgets without incident. Those that do cause problems are in the minority, and the problems can usually be traced back to a defective design or a manufacturing problem.
Temperature can affect battery performance. Cold temperatures, for example, can slightly drop a battery’s capacity, potentially slowing the device’s response. It can also limit the charge rate. Hot temperatures, on the other hand, can increase degradation of the electrodes in the battery, which could limit its ability to store energy and shorten its life.
A lithium-ion battery prefers normal temperatures of about 50 degrees to 85 degrees Fahrenheit. But the battery should not explode in standard high temperatures, such as those encountered during everyday life. It is designed to perform correctly under normal living conditions, and if it explodes, it’s usually because of a short-circuit inside the battery
Many of the product problems and recalls are caused by deficiencies in one of these two areas.
Cellphones / Smartphones
Samsung recalled 2.5 million Galaxy Note 7 smartphones because of exploding batteries in September 2016. In one instance, a woman was holding the device in her hand when it started pouring out smoke. A man filed a lawsuit against the company after a phone exploded in his pocket, burning his leg.
Laptops / Notebooks
Sony recalled 9.6 million computer batteries in 2006 because of explosion risks. The company noted that faulty manufacturing had resulted in tiny shards of metal contaminating the inside of the batteries. About half of the batteries went into Dell computers. In January 2017, HP recalled about 100,000 lithium-ion batteries used in their laptops because of fire and burn hazards. And in February 2017, NBC News reported on yet another Dell computer exploding while it was charging.
Consumers have reported these devices exploding during use and even when not in use. An Alabama man, for example, sat down to eat breakfast at a friend’s house when his e-cigarette device suddenly exploded in his pocket.
The device welded to his leg, causing second-and third-degree burns. Because these devices are cylindrical, pressure can build up quickly inside them, and those that explode can become projectiles.
In January 2016, ten companies recalled about 500,000 self-balancing hoverboards/scooters because of fire hazards. All were manufactured in China. The U.S. Consumer Product Safety Commission (CPSC) noted that at least 99 incident reports of the batteries exploding had been received, with reports of burn injuries and property damage. In a tragic hoverboard explosion-related fire in Harrisburg, PA, two young girls were killed. Other recalls followed in 2017.
In 2017, a woman flying to Melbourne from Beijing fell asleep while wearing noise-canceling headphones. She woke to sounds of an explosion and found that the battery in the headphones had burst into flames. She suffered from serious burns on her face and hair.
The Apple iPhone has also experienced lithium-ion battery issues, but so far, there have not been reports of explosions. Instead, because of expected battery degradation over time, the company created an update that automatically slowed down older iPhones.
The update was uploaded automatically into consumers’ phones without their knowledge, after which the devices would operate more slowly in times of high-power requirements.
Many confused customers felt they had to buy a new phone because of the slow-down, when they could have simply bought a new battery.
Apple admitted to keeping their customers in the dark, and apologized. They explained that over time, lithium-ion batteries become less capable of handling performance peaks, during which they could suddenly shut down.
They issued the update to prevent these shutdowns, but failed to warn consumers about what they were doing, preventing them from choosing more economical solutions. The company now faces a number of lithium-ion battery lawsuits because of the slow-down issue.
Other products powered by these batteries have been associated with overheating and explosions. The batteries have been blamed, for example, for at least two fires in Tesla’s electric cars.
An exploding or burning battery can cause all kinds of property damage. It can also cause serious injuries to the person using the product, to those standing nearby, and to those in the vicinity of any resulting fire. Such injuries include:
First of all, be aware of the warning signs. If your battery starts to feel extremely hot, or the device swells or develops a bulge, realize that your battery may be malfunctioning. If it starts hissing or making other noises, a reaction could already be starting.
At this point, it’s important not to touch the unit with your bare hands, as you could suffer from harmful chemical burns. Use a pair or tongs, leather gloves, flame-retardant gloves, or even an oven mitt (anything but bare hands) to unplug the unit and turn it off. Being wary not to jostle it, put it in an isolated area away from anything flammable—an empty metal box, on clear concrete, or on a stone surface is best. Then contact your dealer for directions on how to proceed.
If the device catches fire, call your fire department immediately. They respond to situations like this so there is no reason to hesitate. At that point, the best thing you can do is get the gadget to a safe place and let it burn out. (Most household fire extinguishers are not designed for this type of chemical fire.) Again, look for a non-flammable surface like a sidewalk or concrete driveway, outside, preferably.
Let the fire burn out and caution everyone to stand clear. Realize that even after the fire burns out the device could still explode. Keep your distance and wear protective eye wear. Understand that the device may re-ignite even after 10 minutes, so do not take it back inside.
If you notice gas or flames, cover your mouth and nose, or simply get away from the device. These fires create toxic fumes that you do not want to breathe, so make sure to instruct other people to clear the area, and get your pets away, too. Pregnant women especially should get clear of the fumes, and Moms need to take any small children completely out of the house or building.
If your battery blew up and you were burned in the incident, take the following two steps immediately.
Even if you think your injuries are minor, it’s important you see a doctor for them right away. Lithium-ion battery burns can be deceiving as to their severity, and the toxic chemicals involved create unique risks for injuries and skin damage. You need to be sure you take every step necessary to protect yourself. It’s also important to have a medical record of your injuries, should you decide to file an exploding battery lawsuit in the future. If you fail to get immediate medical attention, it could look to a judge or jury that your injuries were not serious enough to warrant attention.
As early as possible, collect evidence from the incident. Do not throw the battery or device away, but keep it stored in a safe place. Take pictures of the damaged gadget, and of any other related property damage. Note the location of the fire or explosion, and take pictures of any injuries suffered by you or others who were nearby. Jot down notes about exactly what happened and when, before your memory fades. Include the date, time, and location of the fire. Get a copy of the incident report from your fire department, and a copy of your medical records from your doctors’ visits.
Companies are responsible for making sure that their devices are safe. If you suffered from serious injuries because of a lithium-ion battery fire or explosion, you deserve to be compensated for your losses. The financial burden of medical expenses, lost wages, and property damage should not be yours or your family’s to carry. It’s important that you find an experienced lithium-ion battery burn attorney with extensive knowledge of product liability that will look out for your best interests. An individual with experience in personal-injury law with a thorough knowledge of lithium-ion batteries and their potential defects is your smartest choice.
You may wonder if the lithium-ion battery fire or explosion was your fault, somehow. Did you do something wrong when using it or charging it? Did you ask too much of the power supply? Did you store it incorrectly?
Companies are responsible for making sure their products are safe for you to use. If something went wrong, it could be that the company was at fault, but how can you know for sure?
Your best option is to contact a lithium-ion fire attorney for a free consultation. He or she can examine the facts of your case, and help you determine if it would be worthwhile to pursue a lawsuit in court.
If you answered “yes” to even one of these questions, you may be eligible to file a lithium-ion battery burn lawsuit and should contact an experienced lithium-ion battery burn lawyer immediately.
If you’re considering filing a lithium-ion battery fire lawsuit, you may wonder if it’s worth it. Will you receive enough in compensation to cover your losses? Will the time and energy involved produce the returns you’re hoping for?
These questions can be difficult to answer before a thorough legal investigation into the case. An experienced lithium-ion battery explosion lawyer will look at all the evidence you have, and will do an additional investigation into the gadget you were using and the particular battery associated with that gadget. It could be that the manufacturers received reports of other incidences similar to yours, and failed to respond adequately to protect public safety.
Your losses also need to be calculated, and these usually include not only your medical expenses, but your property damage, lost wages, pain and suffering, and any future medical care you may need. If you lost someone close to you in the accident (loss of consortium), that’s another factor that can increase the complexity of a case.
Your lithium-ion battery fire attorney must also determine what the defendants are claiming, and what evidence they may have supporting their position. It takes time to get all the facts together, but after a thorough investigation, your lawyer will be able to provide you with more information.
As a plaintiff in a lithium-ion battery burn lawsuit working with The Aaron Herbert Law Firm, you will not owe any money up front. We work on contingency, which means that we don’t recover money unless you do. If you are awarded compensation in a settlement agreement or in an actual trial, your lithium-ion battery fire attorney will get a percentage of that award to pay for attorney’s costs.
When you go for your initial free consultation with a lithium-ion battery burn lawyer, he or she will help explain the percentages so you can understand exactly how much of any legal award you may receive.
There are a number of regulations in place concerning lithium-ion batteries to help protect public safety. These can be helpful in case of a lithium-ion battery explosion lawsuit, as they make it clear that the manufacturer is responsible for creating a safe product.
Each battery must have a “battery management system,” for example, that ensures it does not overheat. These types of systems should balance the cells in the battery, make sure the current stays under safe limits, and that the battery stays within its ideal operational voltage.
Each battery must also pass a number of tests to ensure that it’s safe to ship both domestically and internationally, and that it can withstand typical shipping conditions, like high altitudes and temperature variations.
One regulation was put into place specifically to make sure that lithium-ion batteries are safely designed. The batteries must pass tests ensuring that they can withstand vibration, heating, impacts, and even crushing without reacting dangerously. The tests are also meant to ensure the devices don’t short-circuit or charge abnormally.
It’s clear from these regulations that by the time a lithium-ion battery arrives on the market, it should have passed a number of safety tests to ensure that it won’t react in an unsafe manner during regular use or transport. Those batteries that still catch on fire or explode are therefore highly suspect of being defective batteries.
Battery explosions can have catastrophic consequences, causing severe injuries, property damage, and even loss of life. Understanding how and why these explosions occur is essential in building a strong case. Battery explosions can be a result of various factors, such as manufacturing defects, design flaws, or improper use. It’s important to determine the cause of the explosion to hold the responsible party accountable.
When a battery explosion occurs, it can have far-reaching implications for the victims. Physical injuries, such as burns, cuts, and respiratory problems, are common among those involved in battery explosion incidents. Furthermore, victims may suffer from psychological trauma, financial losses, and a significant impact on their overall quality of life. Seeking legal recourse is crucial in order to obtain justice and appropriate compensation for these damages.
Navigating a battery explosion lawsuit requires a thorough understanding of the legal landscape and the relevant laws that apply. It’s important to work with an attorney who specializes in this area of law and has experience in handling similar cases. By partnering with a knowledgeable legal professional, you can ensure that your rights are protected and that you have the best chance of achieving a successful outcome.