Laptop Fire Lawsuit Investigation

Laptop fires linked to lithium-ion batteries have burned people and damaged homes. The Consumer Product Safety Commission has recalled laptop batteries since 2008, including batteries sold with HP, Toshiba, Dell and Lenovo laptops. No class action or MDL covers laptop fires. Claims so far are individual product-liability cases. In October 2023, a federal jury found for HP in an insurer’s suit over a fatal apartment fire. Stop using any recalled laptop or battery and follow the maker’s instructions. Each recall notice describes a fire or burn hazard from batteries that can overheat. Owners were offered a replacement battery or a repair, depending on the maker.

Latest Laptop Fire Lawsuit Updates

October 19, 2023: Jury Finds for HP in Laptop Fire Trial

A federal jury in the U.S. District Court for the Western District of Washington found for HP, Law360 reported [1]. The case is Philadelphia Indemnity v. HP. The jury found that a property insurer failed to prove an HP laptop battery caused a 2015 New Year’s Eve fire. The fire gutted a Seattle-area apartment and killed one tenant.

September 6, 2023: Judge Dismisses Negligence Claim Against HP

On September 6, 2023, a federal judge in Washington dismissed a negligence claim from the insurer’s suit against HP. The suit concerns the fatal 2015 apartment fire. The judge ruled that HP must still face a strict product liability claim. The suit alleged that an HP laptop started the fire.

March 12, 2019: CPSC Announces Expanded HP Battery Recall

The CPSC announced HP’s expanded recall (19-079) of about 78,500 more notebook batteries [2]. The expansion added to HP’s January 2018 recall of notebook batteries. It covers batteries shipped in HP notebooks and mobile workstations, and it names the same fire and burn hazards as the first recall.

February 6, 2018: CPSC Announces Lenovo ThinkPad Recall

CPSC announced Lenovo‘s recall 18-094 of about 78,000 ThinkPad X1 Carbon 5th Generation laptops [3]. An unfastened screw can damage the battery, causing overheating and posing a fire hazard. Lenovo sold the laptops at Lenovo.com, CDW, Insight, Connection, Zones and other PC resellers from December 2016 through November 2017. Prices ranged from $1,100 to $2,600.

January 4, 2018: CPSC Announces HP Battery Recall

CPSC announced HP’s recall (18-077) of about 50,000 notebook and mobile workstation batteries [4]. The recall covers lithium-ion batteries that can overheat. The batteries pose fire and burn hazards. HP expanded this recall in March 2019. The recall is a safety action by the company and CPSC. It is not a court finding.

October 30, 2008: CPSC Announces Notebook Battery Recall

CPSC announced recall 09-035 of about 35,000 notebook computer batteries sold with Toshiba, HP and Dell laptops in the United States [5]. CPSC said these lithium-ion batteries can overheat, posing a fire and burn hazard to consumers. The remedy was a free replacement battery, and owners were told to remove the battery and use the AC adapter.

What Is a Laptop Battery Fire?

According to the FAA, all lithium ion batteries are capable of overheating and undergoing a process called thermal runaway [6]. It can occur without warning. Causes include damage, overheating, water, overcharging and improper packing. It can also occur on its own due to manufacturing defects.

Who May Be Affected?

You may be affected if you owned one of the laptops or batteries named in a CPSC recall:

• HP ProBook, x360, Pavilion x360, HP 11, ZBook and Envy m6 batteries in notebooks and mobile workstations sold from December 2015 through April 2018
• The HP notebooks sold for between $300 and $4,000, and separate batteries sold for between $50 and $90
• Lenovo ThinkPad X1 Carbon laptops of the 5th generation, machine types 20HQ, 20HR, 20K3 and 20K4, made from December 2016 through October 2017
• HP, Toshiba and Dell notebooks sold between 2004 and 2006 with batteries in recall 09-035

Whether you qualify depends on your own facts, and only an individual legal review can say whether a laptop fire claim fits.

Reported Injuries or Damages

The CPSC recall notices report these incidents. They are reports, not court findings, and they do not prove that a laptop caused every incident:

• Recall 18-077: eight reports of overheating, melting or charring, three property damage reports totaling $4,500 and one minor first-degree burn to the hand
• Recall 19-079: eight new reports, one minor injury and two property damage reports totaling $1,100
• Recall 09-035: 19 reports, including 17 of flames or fire, 10 with minor property damage, and two minor burns
• Recall 18-094: no reports of overheating in the United States

Recall and Regulatory Background

CPSC has announced four laptop battery recalls: 09-035, 18-077, 19-079 and 18-094. Each notice describes a fire or burn hazard. The HP recalls offered a replacement battery and Battery Safety Mode. The Lenovo recall offered a repair.

Evidence to Preserve

Keep these items safe and unaltered after a laptop fire:

• The laptop and charger, kept as they are, unrepaired and unused
• The battery and the model, serial and battery numbers on the labels
• Photographs and video of the damage, the room and the device
• The purchase receipt or order record
• Any recall notice or manufacturer correspondence
• Fire department, police and insurer reports
• Medical records and bills
• Records of repairs and replacements

Filing Deadlines

Filing deadlines for a laptop fire claim come from state law. They vary with where you live and when the fire and the injury happened. Filing after the deadline can end a laptop fire claim, however strong the facts are. A lawyer can check the deadline that applies to your claim, so speaking with one promptly matters if you were hurt.

Potential Compensation

Damages in a laptop fire claim may include medical expenses, lost income, pain and suffering, scarring and disfigurement, and damage to a home or belongings. Compensation amounts vary by case. Past results do not guarantee future outcomes. Medical records and the damage shape potential compensation in each case.

Frequently Asked Questions

Has a Laptop Battery Been Recalled for Fire Risk?

Laptop batteries have been recalled for fire risk. HP lists 888-202-4320 and 866-671-7362, and www.HP.com/go/batteryprogram2018. Lenovo Services takes calls at 800-426-7378, 24 hours a day, seven days a week.

Which Court Heard the HP Laptop Fire Case?

The HP laptop fire case was an individual insurer suit heard in Washington federal court, in the Western District. It is case 2:19-cv-00138 before Judge Tana Lin, and its nature of suit is tort product liability.

Were Laptops Recalled Outside the United States?

Laptops were also recalled outside the United States. The 2008 recall covered about 65,000 more batteries sold worldwide. HP’s 2018 recall covered 2,600 batteries in Canada, and Lenovo’s covered about 5,500 laptops in Canada.

Who Made the Batteries in the 2008 Laptop Recall?

Sony Energy Devices Corporation of Japan made the batteries in the 2008 laptop recall. They were sold with laptops from HP, about 32,000, Toshiba, about 3,000, and Dell, about 150.

What Did HP Argue in the Laptop Fire Trial?

In the laptop fire trial, HP argued that a drunk resident started the fire. HP’s lawyers told the jury this, according to Law360. That is HP’s defense, and the jury did not rule on that point.

References

1. https://www.law360.com/cases/5c52dfca53053008d5085e78/articles
2. https://www.cpsc.gov/Recalls/2019/HP-Expands-Recall-of-Batteries-for-Notebook-Computers-and-Mobile-Workstations-Due-to-Fire-and-Burn-Hazards
3. https://www.cpsc.gov/Recalls/2018/Lenovo-Recalls-ThinkPad-Laptops-Due-to-Fire-Hazard
4. https://www.cpsc.gov/Recalls/2018/HP-Recalls-Batteries-for-Notebook-Computers-and-Mobile-Workstations-Due-to-Fire-and-Burn-Hazards
5. https://www.cpsc.gov/Recalls/2008/pc-notebook-computer-batteries-recalled-due-to-fire-and-burn-hazard
6. https://www.faa.gov/hazmat/packsafe/lithium-batteries