Who is Liable for EV Battery Fires?

Modern electric vehicles (EVs) come in different forms, like hybrid, plug-in hybrid, and all-electric cars and trucks. No matter which kind of EV you may drive, today most of them use lithium-ion batteries.

The fire safety of lithium-ion batteries in passenger vehicles has been the subject of keen debate. Although incidents of EV fires often make headlines, motor vehicles that use internal combustion engines may catch fire more often.

Who can be held responsible for an EV battery fire?

Who may be responsible for an EV battery fire depends on the circumstances that cause the fire. If we consider only how the EV battery itself is the cause of the fire, then usually we look to the legal theory of product liability.

Product liability of manufacturers and designers

Generally, product liability can occur if a product, as it is designed or made, was inherently unsafe to use as intended when it left the seller’s control. Product liability claims can be based on legal theories like negligence, failure to provide adequate warnings or instructions, or strict liability. They can be individual lawsuits or class actions with multiple plaintiffs.

In the case of an EV battery, product liability can come from any of the following:

• Bad design of the battery. For example, the battery, as designed, is prone to short-circuiting when in use.
• Poor quality components. EV battery manufacturers may rely on third-party vendors to provide parts that go into the battery. If any of these components are defective in design or manufacture, this can cause the battery assembly itself to become inherently unsafe to use.
• Poor quality manufacturing. If the battery manufacturer is cutting corners in quality control to save money and increase profits, this can lead to battery defects that can cause it to fail and catch fire, again making it inherently unsafe coming out of the factory.

If an EV battery is inherently defective and unsafe to use, a factual investigation will help determine the defect’s source and who is liable.

Product liability of entities in the distribution chain

Product liability law states that anyone who designs, makes, or distributes or sells an inherently unsafe product can be held responsible to an injured plaintiff or in a wrongful death lawsuit.

In an EV battery fire case, this means that not only are the battery component suppliers and the battery manufacturer possible defendants in a product liability-based personal injury claim, but everyone else in the distribution chain, all the way down to the car dealership that sold the EV to the first customer, is a potential defendant.

What are the limits of product liability in an EV battery fire?

The key consideration in whether product liability is a practical option after an EV battery fire is whether the defect makes the product unsafe for normal use. Product liability does not mean that a product must be risk-free to use. It means that the risk of harm when you are using it is unreasonable because of a design, material, or manufacturing defect.

So, for example, let’s say you get into a collision in your EV, and your lithium-ion battery ignites. The possibility of such a fire in this instance is a known risk, even if the EV battery is of top quality. To at least some extent, you accept the small risk that a collision-based EV battery fire can occur.

Or consider an example in which you connect your EV to a charging station, but a defective charger overcharges your battery, and it catches fire. Again, the battery itself may be properly designed and built, so product liability will probably not attach to the battery maker or anyone in the distribution chain, but the maker of the defective charger might be liable.

Lastly, in a situation where your EV was submerged in a flood, and later the battery caught on fire, potential product liability defendants could argue that prolonged submersion was not a reasonably foreseeable condition for normal use of the battery and that, therefore, the fire was unrelated to a product defect.

What are the risks of an EV fire?

Still, when an EV’s battery does catch fire, it can pose a significant risk of injury to occupants of the vehicles and to emergency responders attempting to extinguish the fire.

The thermal runaway effect

Ruptured cells in an EV battery that is damaged in a collision can lead to an internal short-circuit. This can trigger a chemical reaction that causes a thermal runaway effect.

Thermal runaway can cause the battery to heat up to extreme temperatures and cause the battery to ignite into a chemical fire.

EV battery fires are hard to extinguish

EV fires create a number of challenges, in addition to thermal runaway. For instance, they create a risk of extreme heat and explosions (including temperatures of 1,200°F or higher) and release toxic and flammable gases that may lead to health risks and explosion hazards. EV fires also have a high risk of reignition, and water is often ineffective in putting them out because it may not penetrate the battery packs. The compartmentalized battery designs can also complicate targeted suppression.

EV fires that could not be extinguished and which spread to other EVs have resulted in catastrophic blazes that can even sink or disable merchant vessels, like the MV Felicity Ace in 2022, the MV Freemantle Highway in 2023, and the MV Morning Midas in 2025.

How do EV fires start?

EV fires can begin in multiple ways.

Collision damage

The most common way for an EV battery to ignite is when the battery is damaged in a collision.

Environmental causes

EV fires have been known to start if the battery is subject to prolonged exposure to salt water, or because of extreme heat or cold temperatures that can put stress on battery cells until they rupture.

Equipment failure

Sometimes a defective charging station can overcharge a battery, which can cause a fire. Some EV fires start when the vehicle is connected to a charger.

A flaw within the battery itself can also cause it to ignite, like a manufacturing defect that leads to a short circuit.

Examples of defective EV batteries include:

• Metal particle contamination during manufacture
• Improper alignment of electrodes
• Poor quality or insufficient separator material between battery cells
• Poor quality control in manufacturing

Do you have a legal claim for an EV battery fire?

Making a product liability claim in Pennsylvania against an EV manufacturer, component supplier, distributor, or dealer can be challenging. Not every personal injury law firm is up to the task of thoroughly investigating the facts underlying the fire, gathering the relevant and material evidence, and building a legal case that proves each required element by a preponderance of the evidence.

What is more, most personal injury and wrongful death claims settle out of court. This means reaching a settlement agreement with insurance adjusters and defense lawyers who will be experienced and savvy, and who will be looking for every opportunity to deny or minimize your claim. To receive the maximum fair compensation you deserve for your injuries and property damage, including indirect harm like pain and suffering and emotional distress, you need tough and experienced lawyers of your own who will not be intimidated into accepting anything less than you deserve.

This kind of capable, experienced legal representation is what you will have when you retain our services at KBG Injury Law.

The lawyers at KBG Injury Law know what it takes to build a successful product liability personal injury case. With nearly 40 years of experience in products liability and personal injury, we can help you from the moment you file a claim to the day you resolve your case.

KBG Injury Law is located at 110 North George Street in York. You can find our offices near Interstate 83 and Routes 30, 74, and 462. To schedule a consultation with our trusted attorneys, call us today or fill out our contact form to speak with one of our product liability lawyers.

We have offices in York, Lancaster, Harrisburg, Hanover, and Gettysburg, and help clients and families throughout South Central Pennsylvania.