Why Expert Testimony Matters In Lithium-Ion Battery Fire Lawsuits
Lithium-ion batteries power many everyday devices. Although these batteries are usually safe when manufactured and designed correctly, a faulty battery can still catch fire due to overheating. If a lithium-ion battery has injured you or damaged your property, it’s not enough to show that lithium-ion batteries can cause fires. Instead, there must be concrete evidence that the battery in question caused the accident.
One federal case from 2024, American Home Assurance Company v. Makita Corporation of America, shows just how crucial it is to have experts in lithium-ion battery lawsuits.
The fire and the lawsuit
The controversy began with an explosion in March 2019 at one of Forest River’s factories in Indiana. In the lawsuit, American Home Assurance Company, which acted as the subrogee for Forest River, claimed that the fire resulted from a lithium-ion battery from Makita power tools.
The lawsuit included claims of negligence by the plaintiffs against defendants Makita Corporation of America and Makita U.S.A., Inc., under the Indiana Product Liability Act. One key question was whether the plaintiffs’ experts could prove the cause and origin of the fire.
Why the battery expert’s testimony was excluded
Eskra had many years of experience in the battery business and believed that the likely ignition point was a cell in a Makita battery. Nonetheless, the court excluded his opinions. The issue was not the expert’s qualifications. Instead, the court focused on the methodology. One issue the court raised was that Eskra had not conducted any test to show his methodology was repeatable and provable. The court also pointed out the problems associated with his deviation from investigative methodology.
There is an important difference between general causation and specific causation. Evidence that a lithium-ion cell can undergo thermal runaway under certain circumstances does not mean a particular cell did.
The fire investigator faced similar limitations
The court made a similar decision regarding Hackett. Hackett was allowed to testify about the fire’s area of origin, fire dynamics, and his process of eliminating some potential sources of ignition. This process involved witness testimony, photos, videos, physical evidence, burn battens, and information found in NFPA 921, a recognized manual for investigating fires.
Hackett was unable to offer the opinion that the fire was caused by a lithium-ion battery. Further, he did not have the appropriate battery expertise, and he depended largely on Eskra’s findings with regard to causation. The court stated that an expert could rely on the findings of another expert, but this was not enough by itself.
What this means for lithium-ion battery fires
American Home Assurance Co. v. Makita shows why expert opinion is so crucial in product liability lawsuits involving lithium-ion batteries. Experts may be able to identify the source of the fire, but determining its cause often requires specialists with knowledge of battery chemistry, electrical engineering, cell design, thermal runaway, and failure analysis.
Beyond proving that lithium-ion batteries can start fires, plaintiffs’ experts must investigate the incident properly using sound methodology and prove a scientifically justified connection between the battery defect and the fire.
When the amount of money at stake in such lawsuits is in the millions, the thoroughness of the expert investigation becomes crucial.
Talk to a Lithium-Ion Battery Injury Attorney Today
Halpern, Santos & Pinkert represent the interests of plaintiffs in lawsuits involving defective lithium-ion batteries. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
Source:
law.justia.com/cases/federal/district-courts/indiana/inndce/3:2021cv00252/106750/98/
