When Power Tool Batteries Catch Fire: Who Can Be Liable For A Defective Lithium-Ion Battery?
Lithium-ion batteries have revolutionized cordless power tools, letting people use lawn mowers, drills, saws, and more without gasoline or electrical cords. However, these high-energy batteries can pose severe risks of fire and burns when problems occur. One recent lawsuit filed over a problem with SKIL batteries illustrates both these points.
The SKIL lithium-ion battery recall
Chevron North America issued a recall of about 63,000 units of SKIL 40V 5.0Ah lithium-ion batteries manufactured before May 1, 2021, in December of 2024. The U.S. Consumer Product Safety Commission (CPSC) reported that these specific batteries may overheat, increasing the risk of fire and burns.
The CPSC reported 100 thermal incidents involving overheating, melting, smoke, and fires associated with the product. Eight cases involved minor burns or smoke inhalation, and 49 cases had property damage. These batteries were available separately and with SKIL lawnmowers, which were distributed through Lowe’s and other sellers.
This case highlights the importance of not ignoring warning signs while using lithium-ion batteries.
A consumer files a class action
These issues led to subsequent litigation. In Desparrois v. Chevron North America, Inc., the plaintiff initiated a proposed class action related to the recalled batteries.
In his suit, the plaintiff claimed that the battery became too hot, melted, and injured his hand. The battery was also destroyed. He argued that people had been buying the batteries under the belief that they were safe to use without any knowledge of the alleged fire risks.
Various state law claims, such as breach of express warranty, breach of implied warranty, unjust enrichment, and violation of the Illinois Consumer Fraud and Deceptive Business Practices Act were included in the lawsuit.
In February 2026, the federal court dismissed the amended complaint without prejudice, allowing the plaintiff to file another amended complaint. Most importantly, the decision doesn’t mean that the court ruled the batteries were safe. It separately found that the financial injury suffered by the plaintiff was sufficient to provide him with Article III standing because he purchased the product under the belief that it was defect-free. In other words, he would not have purchased the product if he knew there was a major defect.
Who is responsible for a lithium-ion battery fire?
A case involving a defective lithium-ion battery that results in injury or property damage would involve multiple parties becoming liable under state law. These parties include the manufacturer, the company that markets the product, the importer, distributor, or retailer.
Potential claims include design defect, manufacturing defect, failure to warn, and breach of warranty, among others. It all depends on the way the fire broke out.
Talk to a Lithium-Ion Battery Injury Attorney Today
Halpern, Santos & Pinkert represents the interests of individuals who have been injured or suffered property damage due to a defective lithium-ion battery. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
Source:
pacermonitor.com/public/case/57630186/Desparrois_v_Chervon_North_America,_Inc_et_al
