If you or a loved one experienced serious injuries or property damage following an electric vehicle battery fire or explosion, you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to defective electric car batteries. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
Table Of Contents
- Electric Vehicle Battery Fire Lawsuit Overview
- Latest Electric Vehicle Battery Fire Lawsuit Updates
- FDA Reports and Statistics
- Electric Vehicle Battery Injuries & Side Effects
- Do You Qualify for an Electric Vehicle Battery Fire Lawsuit?
- Electric Vehicle Battery Recall Information
- Statute of Limitations for Electric Vehicle Battery Fire Lawsuits
- Tesla Crash Shows Electric Car Fires Could Strain Resources: ABC 7 Video
- Frequently Asked Questions
- 1. What’s the Problem with Electric Car Batteries?
- 2. How Do Electric Car Battery Fires Compare to Gasoline Vehicle Fires?
- 3. Why Do Electric Car Batteries Explode?
- 4. Has Anyone Died from an Electric Vehicle Battery Fire?
- 5. Are Manufacturers Improving Battery Safety in Electric Vehicles?
- 6. Can I File a Class Action Lawsuit for Electric Car Battery Fires?
- 7. What Makes Electric Vehicle Battery Fires Particularly Dangerous?
- 8. What Should I Do If My Electric Vehicle Catches Fire?
- Get A Free Electric Vehicle Battery Fire Lawsuit Evaluation With Our Lawyers
- References
Electric Vehicle Battery Fire Lawsuit Overview
Electric vehicle battery fire lawsuits arise from incidents where lithium-ion batteries in electric cars have overheated, caught fire, or exploded.
Primary allegations against manufacturers include design defects, manufacturing flaws, and failure to warn consumers about potential risks.
Multiple incidents have been reported across various electric vehicle models, with some resulting in fatalities.
The National Highway Traffic Safety Administration (NHTSA) has launched investigations into several high-profile electric vehicle fires.
Latest Electric Vehicle Battery Fire Lawsuit Updates
October 28, 2019 – The family of a Florida man who died after becoming trapped in a burning Tesla Model S filed a wrongful death lawsuit against the manufacturer. The lawsuit alleges that the victim couldn’t escape because the Tesla door handles malfunctioned, and first responders were unable to open the doors and save him [1].
October 10, 2019 – The father of an 18-year-old who died in a Tesla crash in Fort Lauderdale, Florida, filed a lawsuit against Tesla [2]. The plaintiff alleges Tesla batteries are defective, stating: “Barrett Riley was killed by the battery fire, not by the accident. The May 8, 2018 crash was entirely survivable.”
FDA Reports and Statistics
While the FDA does not directly regulate electric vehicles, the National Highway Traffic Safety Administration (NHTSA) has documented numerous incidents involving electric vehicle battery fires. According to available data:
- Multiple reports of thermal runaway events in lithium-ion batteries have been documented
- Incidents have occurred both during normal operation and following accidents
- Several recalls have been issued by manufacturers to address battery fire risks
- Emergency responders have reported challenges in extinguishing electric vehicle fires
Electric Vehicle Battery Injuries & Side Effects
Electric vehicle battery fires and explosions can cause severe injuries and fatalities due to their intense heat and toxic gas emissions.
- Severe Burns: Third-degree burns requiring extensive medical treatment
- Smoke Inhalation: Respiratory damage from toxic gases released during battery fires
- Trapped Occupants: Vehicle systems may fail during fires, preventing escape
- Property Damage: Fires can spread to surrounding structures and vehicles
- Death: In severe cases, victims have died due to burns or smoke inhalation
Do You Qualify for an Electric Vehicle Battery Fire Lawsuit?
You may qualify for an electric vehicle battery fire lawsuit if:
- You owned or were operating an electric vehicle that experienced a battery fire
- The fire occurred during normal operation or following an accident
- You or a loved one suffered injuries or property damage from the fire
- You can provide documentation of the incident and resulting damages
- The incident occurred within the applicable statute of limitations for your state
Evidence Required for an Electric Vehicle Battery Fire Lawsuit
To strengthen your case, you’ll need to collect:
- Medical records documenting injuries sustained
- Photos or videos of the damaged vehicle
- Fire department or police reports about the incident
- Vehicle maintenance records
- Proof of purchase and ownership
- Any communications with the manufacturer about the incident
Damages You Can Recover
Victims of electric vehicle battery fires may be eligible to recover:
- Medical expenses for treatment of injuries
- Lost wages and diminished earning capacity
- Pain and suffering damages
- Property damage compensation
- Punitive damages against manufacturers in cases of gross negligence
Electric Vehicle Battery Recall Information
Multiple electric vehicle manufacturers have issued recalls related to battery fire risks. These recalls have affected various models and model years.
If your vehicle has been subject to a battery-related recall, this information may strengthen your potential lawsuit.
Check with the National Highway Traffic Safety Administration (NHTSA) for the most current recall information regarding your specific vehicle.
Statute of Limitations for Electric Vehicle Battery Fire Lawsuits
The time frame to file an electric vehicle battery fire lawsuit varies by state, typically ranging from 1-6 years from the date of injury.
Some states apply the “discovery rule,” which starts the clock when you discovered or reasonably should have discovered the connection between your injuries and the defective battery.
Consulting with an attorney promptly is crucial to ensure you don’t miss filing deadlines.
Tesla Crash Shows Electric Car Fires Could Strain Resources: ABC 7 Video
Related Articles:
Frequently Asked Questions
1. What’s the Problem with Electric Car Batteries?
Unlike traditional lead-acid automotive batteries, newer high-voltage lithium-ion batteries that power Teslas and other electric cars can pose significant hazards. The problem is that lithium-ion batteries pack a tremendous amount of power into a tiny space, which increases the risk of overheating, fire, and explosion in the event of an accident or crash.
2. How Do Electric Car Battery Fires Compare to Gasoline Vehicle Fires?
The biggest difference between a lithium-ion battery fire and a gasoline fire is the time it takes to ignite [3]. Gas fires start immediately when gasoline contacts a spark or flame. Battery fires take longer to ignite but require thousands of gallons of water to extinguish and can re-ignite hours later, whereas gasoline fires can be contained quickly.
3. Why Do Electric Car Batteries Explode?
Electric car batteries can explode due to car crashes with sudden battery damage, short circuits within battery cells, manufacturing defects, constant vibration and extreme heat, thermal runaway conditions, recharging in freezing temperatures, fully-charged batteries exposed to sun, or batteries subjected to crushing, compression, or puncturing.
4. Has Anyone Died from an Electric Vehicle Battery Fire?
Yes, there have been documented fatalities from electric vehicle battery fires. In one case, a man died in Florida when his Tesla caught fire after an accident and the doors failed to open. Another case involved an 18-year-old whose death was attributed to a battery fire rather than the accident itself, according to medical examiners.
5. Are Manufacturers Improving Battery Safety in Electric Vehicles?
Research is currently underway to design new materials which might not only make electric vehicle batteries lighter and more efficient, but could also potentially make them safer, according to ScienceDaily [4]. Manufacturers are continuously working to improve battery management systems and fire suppression methods.
6. Can I File a Class Action Lawsuit for Electric Car Battery Fires?
Although Schmidt & Clark, LLP, is a nationally recognized class action firm, we have decided against this type of litigation when it comes to electric car battery fire claims. Our lawyers feel that if there is a successful resolution to these cases, individual suits, not class actions will be the best way to get maximum payouts to our clients.
7. What Makes Electric Vehicle Battery Fires Particularly Dangerous?
Electric vehicle battery fires are particularly dangerous because they can be difficult to extinguish, may reignite hours or days after the initial fire is put out, and can release toxic gases. Additionally, vehicle systems may fail during fires, potentially trapping occupants inside as occurred in documented Tesla incidents.
8. What Should I Do If My Electric Vehicle Catches Fire?
If your electric vehicle shows signs of battery issues or catches fire, immediately exit the vehicle if possible, move to a safe distance, call emergency services, and ensure others stay away from the vehicle. Document the incident with photos or videos if it’s safe to do so, and contact both the manufacturer and an attorney experienced in product liability cases.
Get A Free Electric Vehicle Battery Fire Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for electric vehicle battery fire injuries. Most states allow only 2-3 years from the date of injury to file a lawsuit, and failing to act within this timeframe could forfeit your right to compensation.
Our firm offers:
- Free, confidential consultations
- No upfront costs or fees
- Payment only if we win your case
References
- https://www.washingtonpost.com/business/2019/10/23/man-died-burning-tesla-because-its-futuristic-doors-wouldnt-open-lawsuit-alleges/
- https://www.sun-sentinel.com/2019/10/10/teen-tesla-driver-killed-by-fire-not-crash-says-dads-lawsuit-against-car-company/
- https://money.cnn.com/2018/05/17/news/companies/electric-car-fire-risk/index.html
- https://www.sciencedaily.com/releases/2019/02/190221141501.htm