Yes, you can, but who you can sue depends on the factors below. Many don’t understand that lithium salts are self-oxidizing, meaning they are not easily starved of oxygen like traditional fires with water or fire retardant. The chemical reaction creates electricity, resulting in waste heat. A large enough battery could melt a hole into the roadway. Even smaller electric cars present extreme temperatures that can kill during a chain reaction explosion.

The safety of the people shall be the highest law. – Marcus Tullius Cicero

I am Texas and California injury attorney Michael Ehline. Below, I will discuss your legal options if you seek financial compensation. Finally, I will offer a free consultation, or you can now call(213) 596-9642.

Example of Recent Fire Caused By Chemical Reactions

The sudden July 31, 2024, lithium battery fire on the 15 Freeway in Las Vegas has disconcerted travelers. Because lithium battery explosions can be catastrophic, Caltrans officials thanked motorists for their patience when a big rig hauling lithium-ion batteries crashed and caught fire. It prompted the closure of the 15 Freeway between Barstow and Baker, which lasted nearly two days, leaving travelers stranded.

The heavy-duty, rechargeable batteries ignited around 6 a.m. Friday, a truck overturned on the right shoulder of the northbound lanes, blocking Southern California’s main route to Las Vegas (Source, California Highway Patrol). 

The burning 75,000-pound trailer released toxic fumes, which posed an explosion risk from these industrial-grade lithium-ion batteries. This hazard led officials to close both freeway directions. In the meantime, road crews worked urgently to extinguish the fire. Their main issue was how to handle the dangerous cargo safely. 

Travelers were stuck for hours on both sides, with the 40 Freeway jammed. There was a dash for alternative routes to bypass the 15 Freeway shutdown. If you’ve found yourself stuck due to a fire or, worse, involved in an accident, you may wonder if you have legal recourse. This article explains your rights and steps when in such unfortunate circumstances. If you want to recover compensation from the liable party, read this article.

“Safety on the road is paramount. Understanding your rights and the legal avenues available to you is crucial if you find yourself impacted by these thermal runaway events,” Michael Ehline, Esq.

When did the I-15 to Las Vegas reopen? 

According to the California Highway Patrol (CHP), the southbound lanes were reopened around 3 p.m. on Saturday. However, The northbound lanes stayed closed until about 4 a.m. on Sunday after the persistent flames were finally controlled.

Lithium Ion Battery Fire Statistics?

Local fire departments also warn that delivery companies like Amazon play a role. They could be delivering or selling a time bomb. A device in a city like New York could cause widespread damage. FDNY reports that 66 people were injured and five killed in the first five months of 2021. These statistics cover one large city and do not detail injuries caused by exploding batteries.

• Over 25% of electric vehicle fires involve lithium batteries
• Lithium battery fires can reach temperatures of over 1,000 degrees Fahrenheit
• The 15 Freeway to Las Vegas has seen a 15% increase in traffic accidents involving electric vehicles
• Lithium battery fires account for 5% of all vehicle fires in California
• Emergency response times for lithium battery fires are 20% longer than for traditional vehicle fires in 2022; there were 50 reported incidents of lithium battery fires on significant highways in NevadaFatalities in vehicle fires involving lithium batteries are 30% higher than those in traditional vehicle fires
• The average cost of damages from a lithium battery fire is $1.2 million
• 15% of all electric vehicle recalls are due to battery fire risks
• The 15 Freeway experiences an average of 10 lithium battery fires annually

Common Devices that Use Lithium-ion Batteries

From everyday gadgets to cutting-edge technologies, lithium-ion batteries catching fire are everywhere.

Here’s a glimpse at devices powered by batteries: 

• Smartphones/Cell Phone
• Vape Pens
• Laptops
• Bluetooth devices
• Handheld gaming devices
• Smartwatches

But it’s not just consumer electronics with an internal short circuit. Lithium-ion batteries are pivotal in electric vehicles (EVs). Lithium demand soars as gasoline-powered cars are replaced. The need for lithium could surge by 40 times in years. This spike in electric vehicles is driven by global efforts to meet climate goals in the Paris Agreement, making lithium batteries a cornerstone of these commitments. Hence, more electric vehicle fires. The physical pain from these severe injuries can last forever.

How Lithium-Ion Batteries Work 

At their core, lithium-ion batteries operate on a dynamic electrical current. Let’s break down the main components of a lithium-ion battery: 

• Anode
• Cathode
• Separator
• Electrolyte
• Two current collectors (positive and negative)

The lithium itself resides within the anode and cathode. The electrolyte moves the positively charged lithium ions between the anode and the cathode. This movement generates free electrons in the anode, creating a charge at the positive current collector. It’s this intricate dance of ions and electrons that powers our devices.

Here are some of the top causes of lithium-ion battery fires and explosions:

• Impurities in the battery during manufacturing or thinned separations
• Manufacturers seek performance over safety. For example, a car manufacturer may want the car to have a sleek appearance and take shortcuts.
• The customer may not correctly use the battery due to poor instructions from the manufacturer. For example, they weren’t told it is dangerous or prone to igniting.
• The battery charger may be defective, damaging the battery.
• Manufacturer shortcuts to save money and maximize profits using low-quality components. The skyrocketing cost of lithium means manufacturers are cutting corners.

Lithium-ion batteries have everything needed to sustain a fire. The battery may explode under specific stresses, causing severe injuries.

E-cigarettes and E-Bikes Frequently Catch Fire or Explode

The rise in e-cigarette usage has shown the public the risks of lithium-ion batteries that are carried around in pockets and used near the face. Lithium-ion batteries tend to explode when they get too hot, precisely what occurs with extensive usage under the wrong conditions.

It’s not just car fires. E-bike batteries are another major cause of lithium-ion battery explosions. New York City has banned e-bikes from apartment buildings because of their risks. In one case, a luxury East Side apartment building erupted in flames due to an e-bike in one of the apartments.

Injuries in a Lithium-Ion Battery Explosion

Exploding lithium-ion batteries can cause the following injuries:

• Severe burns
• Broken teeth
• Facial fractures
• Broken neck
• Paralysis
• Impact wounds
• Death

These injuries can cause significant damages, both financial and otherwise. You may need extensive medical treatment for your injuries. In addition, the physical scars of the attack could leave you permanently disfigured.

Q&A

Lawsuits for Defective Lithium-ion Batteries

If an exploding lithium-ion battery has injured you, you may be able to sue the manufacturer in a product liability lawsuit. The company that made the product that contains the battery could be liable to you if its defects caused you to be injured. You may also sue the company that made the battery itself.

Negligence

You might have a negligence case if the fire could have been prevented by timely maintenance or better safety protocols.

You can file a lawsuit for injuries resulting from lithium battery fires. That said, determining who to sue is crucial for a successful claim.

Generally, there are several potential defendants you could consider: 

Manufacturers

Numerous instances have been reported in which product manufacturers were shown to have known about their products’ dangers. For example, Hewlett-Packard was fined in one 2012 Consumer Product Safety Commission enforcement action because it knew of 31 incidents involving notebook battery packs that it failed to report to the CPSC.

If it’s found that a defect in the lithium battery caused the fire, the manufacturer might be held liable under product liability laws. This includes the battery producer and car manufacturer if the battery is integral to the vehicle. 

You must prove the lithium-ion battery had one of the following defects:

• Something went wrong in the manufacturing process that caused the lithium-ion battery to be unreasonably dangerous.
• A design defect caused the product to be unreasonably dangerous for its intended use.
• There was a marketing defect. The manufacturer knew or should have known of a danger but did not alert the public or remove the product from circulation.

Consumer protection statutes are central to understanding these scenarios. 

• Product Liability Laws: California’s product liability laws impose strict liability on manufacturers, distributors, and sellers of defective products. Suppose a lithium battery in a vehicle is faulty and causes a fire, leading to injuries or a car accident. In that case, the injured parties may have substantial grounds to sue the responsible parties. In Greenman v. Yuba Power Products, SCOTUS made it easier to claim damages without proving negligence.
• Risk-Utility Standard: California often applies the risk-utility standard in cases involving highly mechanical and technical products like lithium batteries. This standard weighs risks against utility to determine whether the manufacturer adhered to reasonable safety measures. If the risks outweigh the benefits, legal liability is likely. 
• State-Specific Laws: Beyond general product liability, California also has state-specific laws that may affect your case. For example, consumer protection laws, including lemon laws, protect consumers from defective new and used vehicles, which can extend to faulty batteries. 
• Statute of Limitations: Remember that there are strict time limits for filing claims under product liability laws. In California, this usually means you must file within two years from the date of injury or the date you discovered the injury. Missing this deadline could bar you from recovering any compensation. 

Distributors or Retailers

• The entities that sold the battery or the vehicle can also be sued if they failed to ensure the product’s safety.
• Maintenance Providers: Service centers or mechanics installing or servicing the battery might be liable if improper handling contributed to the fire.

Government liability 

may also come into play if the fire was exacerbated by poor road maintenance or inadequate emergency response. If Caltrans or another government entity failed to maintain safe conditions on the 15 Freeway, they could potentially be held liable for resulting accidents and injuries.

Caltrans or Government Agencies

If insufficient road maintenance, lack of proper signage, or delayed emergency response contributed to the severity of the incident, government agencies might also share responsibility. 

• Caltrans must promptly provide accurate information to the public during incidents, including:
  • Electronic message boards,Social media.
  If needed, they must inform motorists of road closures, detours, and safety advisories related to lithium battery fires. Effective communication helps emergency responders work efficiently. Lithium battery fires can release toxic substances, so Caltrans works with environmental agencies to manage environmental impact, including cleanup, air quality monitoring, and disposal of hazardous material.

Premises Liability

If the highway authorities did not take adequate measures to protect motorists, they could be held accountable.

Wrongful Death and Lithium Batteries

The family members of a deceased victim can file a wrongful death or survival action. These claims seek compensation for loss of companionship, financial support, and possibly pain and suffering. Establishing liability in wrongful death cases often involves proving negligence or product liability.

Working with a qualified product liability attorney is crucial. An experienced attorney can help you gather the necessary evidence, identify the at-fault parties, and ensure you file within the strict timelines required by law. 

Failing to identify the defendants or filing past the deadline properly could result in your claim being dismissed. Act swiftly, and seek the professional legal advice you need today.

What Compensation Can I Seek?

• Medical Bills: You can seek compensation for medical expenses, encompassing hospital bills, ongoing medical treatment, and future medical care necessary for the injuries sustained. This ensures you receive adequate medical compensation without financial strain later. 
• Lost Wages/Contracts: If your ability to work is compromised, you may be able to collect lost wages. This includes income lost from time off work and future earnings affecting long-term potential. 
• Pain and Suffering Can be a significant component of your claim. This goes beyond physical scars and includes emotional distress, impact on quality of life, etc. TIP: Document how the accident has affected your daily routines and mental well-being. 
• Property Damage: Another crucial aspect to consider is property damage. If your vehicle or personal belongings were damaged in the fire, you could receive compensation for repair or replacement costs. 
• Punitive Damages: In some cases, you might also pursue punitive damages. These are awarded in situations where the defendant’s conduct was particularly egregious and are designed to serve as a deterrent against future negligence. 

Comparative Negligence

The court may allocate fault if multiple parties share responsibility for the accident. For example, if both the battery manufacturer and a negligent driver contributed to the accident, each party may be held partially liable based on their degree of fault. The laws in Texas are different, so make sure to call us first.

Class Action?

Class action lawsuits could be an option if multiple people are affected by similar incidents involving lithium battery fires. Plaintiffs can pool resources and file a collective lawsuit against the responsible parties, potentially leading to larger settlements or judgments.

Hiring a product liability attorney can be an immense benefit. An experienced lawyer can help you navigate the legal system, gather evidence, and build a solid case to ensure you receive the compensation you deserve. 

Legal Precedent – Suits Over Lithium Ion Battery Fires?

In Tesla Inc., a 2018 lawsuit was filed against Tesla after a fatal crash in Florida in which the car’s lithium-ion battery caught fire. The plaintiffs argued that the design was inherently dangerous and claimed Tesla failed to provide adequate warnings about the risks of its batteries. This highlighted the potential liability in lithium battery fire claims.

In the 2016 Tesla Model S incident in Indianapolis, a car crashed and caught fire. This resulted in the deaths of the driver and passenger. The survivors sued Tesla, claiming the lithium-ion battery was defectively designed. They declared the company failed to warn consumers about the dangers adequately. 

In 2019, a lawsuit was filed against General Motors after a Chevrolet Bolt EV caught fire in a garage in California. Plaintiffs claimed the lithium-ion battery was defective, arguing it posed a significant risk. This established the future legal landscape for property damage and personal injury claims involving lithium battery fires in electric vehicles.

Apple Inc. faced multiple lawsuits over lithium-ion batteries over device fires, including where they exploded. These cases centered on the duty to ensure product safety. These legal principles can be applied to similar situations involving freeway closures and car accidents involving lithium battery fires.

Summary

• Caltrans (California Department of Transportation) manages and maintains all state highways in California, including the 15 Freeway.
• Manufacturing defects, improper handling, and physical damage to the battery can cause lithium battery fires.
• The 15 Freeway is a central route from Southern California to Las Vegas. There is heavy traffic flow year-round.
• Road closures during a fire can cause significant delays and potential secondary accidents due to congestion and rerouted traffic.
• Legal claims for accidents or injuries due to road conditions or closures can be complex, often requiring proof of negligence or failure to warn by responsible parties such as transportation departments or manufacturers.
• Victims may be entitled to compensation.

Steps To Take After A Lithium Ion Battery Accident

Several key steps should be considered: 

1. Seek Medical Attention: Always prioritize your health. If you feel fine, get a medical evaluation as soon as possible. Some injuries may not be immediately apparent.
2. Gather Evidence: Compile relevant evidence, including accident scene photographs, witness statements, police reports, and medical records. The more detailed and comprehensive your evidence, the stronger your case will be. 
3. Consult a Products Liability Attorney: It’s crucial to seek the expertise of a products liability attorney. They can help you understand if you have a valid claim and guide you through the complex legal landscape. 
4. Identify Responsible Parties: Determine the entities responsible for the lithium battery that caused the fire. This can include the manufacturer, distributor, or the retailer. California law holds these parties strictly liable if their faulty battery leads to injuries or death. 
5. File a Wrongful Death Claim: Once the responsible parties are identified, your attorney will help you file a wrongful death claim. This claim aims to receive compensation for loss of companionship, funeral expenses, and other related costs. 
6. Obey Statute of Limitations: Be aware of the statute of limitations. In California, you typically have two years from the incident date to file an injury or wrongful death lawsuit. Missing this deadline can prevent you from pursuing a claim. BEWARE GOVT: If suing Caltrans or another agency, you may only have six months.

While no amount of compensation can bring back a loved one, taking these steps can provide a sense of justice and financial relief during such a difficult time. Always communicate openly with your attorney and stay informed about your case’s progress. Don’t let the aftermath of a lithium battery fire leave you in financial ruin.

Were you injured due to the recent 15 Freeway fire, and do you have a case? Understanding and pursuing the types of compensation available can provide the support and relief you need to move forward. We will take legal action to help you recover financial compensation, including a fair settlement, or we will go to trial. A car, truck, or bus accident lawyer awaits your call. Ehline Law Firm is available 24/7 to discuss your case and assist you in obtaining maximum compensation at (213) 596-9642.