Lithium Batteries

Lithium ion batteries use a lithium electrolyte, a highly flammable chemical liquid, to conduct electricity. Lithium batteries are used mostly in portable electronic devices such as phones, laptops, and tablets, but are also used in clean energy initiatives such as battery-powered cars. When a lithium-ion battery pack fails, or extraneous material enters the battery, there is a chance that it may burst into flames or create a small explosion, and that may cause property damage or personal injury. Companies that manufacture or use lithium batteries may face allegations of liability on several fronts, but primarily for breach of product liability law and negligence.

Background

Lithium batteries have become the battery of choice for virtually all portable technology. Lithium batteries have several advantages that led to their dominance in the market; they are lighter, can hold more charge, and can operate through hundreds of charge and discharge cycles.

The technology, however, is imperfect. Lithium batteries start degrading as soon as they leave the factory – they are only estimated to last for two to three years – and can degrade faster at high temperatures. There are several factors thought to be related to exploding batteries. For example, a battery that is charged too quickly can overheat and short-circuit. Similarly, an overheated battery can suffer leakage of the flammable electrolyte into other parts of the device and cause a fire. The battery can be subject to combustion if it is contaminated during production by small metal fragments, or if it is not properly sealed.

In 2016, lithium battery-powered hoverboards and the Samsung Galaxy Note 7 tablet-smartphones were found to sometimes catch fire and explode. Several years earlier, in 2009, cell phone company Nokia recalled 46 million phone batteries after reports of short circuits. From 2013 to 2017, Lithium batteries used in the Boeing 787 Dreamliner overheated, resulting in several emergency landings and or onboard battery fires. Electronic cigarette batteries have presented a new set of problems. Additionally, since 2025, the US Consumer Product Safety Commission has estimated there have been around 25,000 incidents relating to fires caused by lithium batteries.

Still, lithium batteries are considered to be an overwhelmingly safe way to power devices.

Injuries and Damages

In addition to property damage caused by fire when hoverboards or other items containing lithium batteries explode or combust, the list of personal injuries attributed to lithium batteries is long. It includes burns to various parts of the body serious enough to require skin grafts, broken facial and other bones, knocked out teeth from an e-cigarette malfunctioning while being smoked, and even the reported loss of an eye.

Legislation and Regulation

Although there is no comprehensive federal legislation currently in place, certain governmental agencies and private organizations have instituted rules regarding the storage and transportation of lithium batteries. For example, the United States Postal Service imposed mailing rules in 2015. On June 2, 2018, the International Air Transport Association issued revised regulations for the air transport of lithium batteries. The United Parcel Service also has rules in place that limit the air transportation of lithium batteries due to the regulations imposed by the passenger and cargo airlines that transport the packages.

The Pipeline and Hazardous Materials Safety Administration (PHMSA), (operating under the authority of the United States Department of Transportation) created regulations to harmonize U.S. rules with international standards for shipping lithium batteries, and Published the Interim Final Rule on March 6, 2019. The rule prohibits lithium ion cells and batteries from being carried as cargo on passenger aircraft, but excludes those cells and batteries that are packed with or contained in equipment. The rule also excepts only one package of lithium ion per consignment.

Although no national standard currently exists for regulating lithium-ion batteries, in April 2025, Congress proposed the Setting Consumer Standards for Lithium-Ion Batteries Act. This act was created to make current voluntary standards surrounding lithium-ion battery production into mandatory standards that the Consumer Product Safety Commission could enforce.

Liability and Insurance

Potential liability can cover a wide spectrum, including breach of product liability law, negligence, antitrust, property damage and bodily injury. Defendants can include companies that manufacture or distribute the batteries or that use lithium batteries in their products. Several types of insurers, including product liability and environmental liability insurers, property and casualty insurers, and supply chain insurers have shown significant interest in providing satisfactory coverage.

Litigation

Litigation over lithium batteries is likely to increase as the long-lasting batteries are used in new applications. The higher-profile cases to date have involved electronic cigarette batteries, hoverboards and mobile phones.

Tesla

There have been numerous reports of Tesla vehicles catching fire due to improper functioning of the vehicle’s thermal management system. A reported 232 incidents have occurred, with litigation centered around the effect of lithium-ion batteries on these systems. On November 4, 2025, after a deadly crash of one of Tesla’s Model S vehicles where the individuals inside of the vehicle were trapped in the burning car. The complaint alleged that the electronic door systems stopped working due to the Lithium battery pack used to construct the door system. Several other previous lawsuits have also alleged that Tesla has failed to follow battery check standards and that Tesla vehicles faced issues with their battery capacity after a software update.

Apple

In 2020, Apple faced a class action suit, filed by consumers and tech analysts, alleging that the company issued software updates that knowingly impaired the lithium ion battery within their smartphones to incentivize customers to purchase a new phone. Though Apple denies wrongdoing, it has agreed to a $500 million settlement. This case touches millions of consumers, and signals increasing liability for manufacturers engaging in battery interference.  

Hoverboards

There have been several lawsuits filed against hoverboard companies that use lithium ion batteries in their products. In December 2015, Michael Brown filed a class action suit against Swagway Hoverboard and other parties after a Swagway hoverboard caught fire and damaged his home. The suit claimed that both Swagway and certain other defendants failed to warn customers of the risk of combustion (Brown v. Swagway, LLC and Modell’s Sporting Goods, Inc., 3:15-cv-588, (N.D. Indiana)). In March 2017, Swagway’s motions to dismiss certain aspects of the suit were denied.

Cellphones

In September 2016, Jonathan Strobel filed a suit against Samsung alleging that his Samsung smartphone exploded in his pocket (Strobel v. Samsung Electronics America, Inc. et al, 9:16-cv-81755 (S.D. Fla.)) and led to severe burns. The suit sought unspecified damages for medical bills, lost wages, pain and suffering, and more.

Electronic Cigarette Batteries

Alleged malfunctions of electronic cigarettes generated more than 120 lawsuits in U.S. courts in 2017. A few plaintiffs claimed that the cigarettes exploded in their mouth and damaged teeth, or that groin burns resulted from the e-cigarette exploding in a pocket. Extreme and permanent facial injuries have been reported.

An award of $1.885 million was issued on September 15, 2015 in a California e-cigarette products liability suit, Jennifer Reis v. VAPCIGS (No. 1306769, Riverside Superior Court). The plaintiff alleged that she suffered second-degree burns to her extremities, severe emotional distress and PTSD as a result of her e-cigarette charger catching fire while she was in a moving car.

The U.S. Fire Administration (USFA) (part of the Federal Emergency Management Agency under the U.S. Department of Homeland Security) has stated that it is the close proximity of “the known explosion hazard” – meaning the lithium battery – to the user’s body that leads to the severe injuries. The USFA noted that in a typical e-cigarette battery failure, flammable electrolytes in the lithium battery overheat and cause a build-up of pressure that leads to the bursting apart of the seal at the end of the battery, resulting in e-cigarette components being propelled with significant force. The USFA advised that the current generation of lithium batteries was not a safe source of energy for e-cigarettes and suggested that manufacturers seek alternate power sources, but acknowledged that such decisions were left to e-cigarette makers at this time.

Future Outlook

In the short term, actions against companies that make or distribute products containing malfunctioning lithium batteries may increase as the issue is brought to national and international attention, and as investigations by consumer safety groups and government entities uncover more information about the production conditions of the batteries.

According to some experts, lithium batteries that are manufactured with current technology will be in use for about another 25 years, and the evolution will be important to monitor. Lithium ion batteries may play an important role in the clean energy programs revolutionizing the climate change debate. The advent of new technology, the cost of the safety risks will have to be analyzed alongside the potential usefulness of lithium ion batteries.

In the News

2024

• Lithium-ion battery caused deadly Harlem apartment building fire, FDNY says - Jennifer Bisram, CBS News (02/24/2024)
  A lithium-ion battery caused a deadly fire at a Harlem apartment building Friday, according to the FDNY. One person was killed, 17 were injured and dozens of people were displaced. The raging fire forced dramatic and rare rope rescues.

2023

• Explosion fears lead San Diego to explore regulating lithium-ion batteries, storage facilities - David Garrick, The San Diego Union-Tribune (10/10/2023)
  Concerns about explosions, fires and toxic gas have prompted San Diego officials to begin crafting proposed laws to regulate the storage and disposal of lithium-ion batteries, which power electric cars, scooters, laptops, smartphones and other devices.
• Nikola Corp. recalls more than 200 electric trucks, halts sales after battery-related fire - Fernando Cervantes Jr., AZ Central (08/15/2023)
  After a June fire sparked by a coolant leak in a battery at the Nikola Corp.’s headquarters in Phoenix, the electric truck manufacturer announced a recall of 209 of its Tre electric battery trucks.
• As e-bikes proliferate, so do deadly fires blamed on exploding lithium-ion batteries - Bobby Caina Calvan, The Associated Press (07/27/2023)
  The explosion early on a June morning ignited a blaze that engulfed a New York City shop filled with motorized bicycles and their volatile lithium-ion batteries. Billowing smoke quickly killed four people asleep in apartments above the burning store.
• 9th Circ. Upholds BLM's Nevada Lithium Mine Approval - Dorothy Atkins, Law360 (07/18/2023)
  The Ninth Circuit upheld Monday the Bureau of Land Management's approval of the Thacker Pass lithium mine project, rejecting arguments by environmentalists, a Native American tribe and a Nevada rancher that the government hasn't properly considered the environmental and cultural impacts of what could be the nation's largest lithium mine.
• NYC gets $25M for e-bike charging stations, seeking to prevent deadly battery fires - The Associated Press (06/25/2023)
  After a series of fires involving faulty e-bike batteries including a recent blaze that claimed four lives, New York City officials announced Sunday that they are receiving a $25 million emergency grant from the federal government to fund scores of charging stations citywide.
• 2 children killed in latest NYC e-bike fire; 4 survive blaze - The Associated Press (04/11/2023)
  An electric bicycle powered by a lithium ion battery is being blamed for a fatal fire on Monday in New York City that killed two children, marking the latest in a string of e-bike-related fires in the city.
• E-Bike Battery Fires Are Soaring, Especially in New York - Scott Patterson, The Wall Street Journal (03/06/2023)
  The electric-bike craze, which took off during Covid-19 lockdowns, now has a dark side: uncontrollable and deadly fires from the lithium-ion batteries that power them. The number of blazes is rising rapidly, triggering warnings from fire officials.
• E-bike battery blaze in Queens kills man and hospitalizes 10 others: FDNY - Nicholas Williams and Thomas Tracy, New York Daily News (01/21/2023)
  A man was killed and 10 others were hospitalized when a charging e-bike battery sparked a raging Queens fire that tore through a home near LaGuardia airport, police and fire officials said Saturday. The blaze is the first fatal fire sparked by the lithium-ion batteries used in e-bikes and electric scooters this year, FDNY officials said. Last year, six people died in fires caused by these batteries.

   

2022

• 56,000 battery packs recalled after being home fire hazards, causing a warehouse fire - David J. Neal, The Miami Herald (12/11/2022)
  A lithium-ion attery meant to power cordless window shades has caused fires, which is why Ningbo Dooya Mechanic and Electronic has recalled about 57,450 in the United States and Canada.
• EXPLAINER: Bikes, batteries and blazes spark concern in NYC - Jennifer Peltz, Associated Press (11/07/2022)
  A weekend fire that injured over three dozen people — and forced firefighters to use ropes to pluck people from a 20th-story window — is drawing attention to a rising concern in New York City: battery fires that can arise in the electric bikes and scooters that have proliferated here. City officials are considering new laws after the fire department counted nearly 200 blazes and six fire deaths this year tied to problems with lithium-ion batteries in such “micromobility” devices.
• E-Bikes sold on Amazon, Walmart and Sears websites recalled over battery explosion risk - Orlando Mayorquin, USA Today (10/16/2022)
  Thousands of electric bikes are being recalled over concerns their lithium-ion batteries can explode and burn consumers, the U.S. Consumer Product Safety Commission announced Thursday.

   

2019

• An e-cigarette caught on fire on an American Airlines flight in Chicago - Graham Rapier, Business Insider (01/07/2019)
  The battery of an e-cigarette ignited on an American Airlines flight shortly after landing at Chicago's O'Hare Airport on Friday, USA Today first reported. . . . In a statement to Business Insider, an airline representative said that "flight attendants quickly extinguished the fire and the plane taxied to the gate," adding that employees are trained on fighting battery fires and that it would report the event to the Federal Aviation Administration. . . . Incidents are still rare, but they may be increasing. A recent report found that federal agencies had been underestimating the number of burns, injuries, and explosions related to e-cigarettes, which convert liquid nicotine into mist through the heating of a battery.

2018

• Exploding e-cigarette killed Florida man, coroner says - AFP (05/18/2018)
  An exploding e-cigarette killed a Florida man and set fire to his apartment, an autopsy has found. . . . In what is believed to be the first death from a vaping pen explosion in the United States, 38-year-old Tallmadge D'Elia died when two pieces of the e-cigarette lodged themselves in his cranium, the Pinellas County medical examiner said. . . . D'Elia was discovered when firefighters broke into the burning apartment in St Petersburg, Florida, on May 5. The fire was found to have been caused by the exploding device, and resulted in 80 percent burns to his body. . . . The lethal vaping device was identified as a Smok-E Mountain brand, which is manufactured in the Philippines, according to the local Tampa Bay Times newspaper. . . . It said the device was known as a "mechanical mod" e-cigarette, which lacks some of the safety features that other makes have, including computer chips to prevent them from overheating.

2017

• E-cigarette battery explosion hurts man, his marriage: lawsuit - Steve Schmadeke, The Chicago Tribune (06/28/2017)
  A married Plainfield couple is suing two Joliet vape shops, alleging batteries purchased there for an e-cigarette exploded and caught fire in the husband's pants pockets, leaving him with second and third-degree burns and hurting their love life.
• Bloomingdale battery company blames manufacturer for burning blinds - Becky Yerak, The Chicago Tribune (05/16/2017)
  
  First it was hoverboards. Then it was Samsung Galaxy Note 7 smartphones. The latest battery-powered product to pose a potential risk of fires and burns: motorized window coverings. Middleton, Wis.-based Springs Window Fashions recently announced a voluntary recall related to about 60,000 of its window treatments, saying a supplier's batteries, used to power the shades and blinds, can overheat, leak or discharge, posing fire and burn hazards. Not so fast, says the Bloomingdale-based marketer and seller of those lithium batteries. Saying it's being wrongly disparaged publicly, Zeus Battery Products blames a design flaw in the window coverings for five incidents in which Springs products sold at Lowe's, Menards and other merchants were damaged. Zeus, defending its Freedom Power batteries as "perfectly safe," sued Springs on May 8, alleging deceptive trade practices, consumer fraud and breach of contract.
• Midair firestorm: Lithium-ion batteries in airplane cargo spark fear - Bart Jansen , USA TODAY (03/22/2017)
  The U.S. and United Kingdom bans on personal electronics in the cabin of some flights from the Mideast and Africa have sparked worry about the risk of fires from lithium-ion batteries stored in cargo. . . . Rechargeable batteries have raised concerns for years because poor packing or manufacturing flaws can occasionally cause catastrophic problems. Storing batteries in cargo raises worry because that’s where a fire could spread unnoticed.
• Carlsbad start-up launches tech to prevent fires in lithium ion batteries - Mike Freeman, San Diego Union Tribune (03/14/2017)
  Carlsbad start-up Amionx said Tuesday that it has launched new technology aimed at making lithium ion batteries safer by shutting down faulty cells before they catch fire. . . . The start-up calls its patented technology Safe Core. It recently spun out of American Lithium Energy, a long-time supplier of rugged, next generation batteries to the military. . . . Amionx hopes to license the technology for use in rechargeable lithium ion batteries, which power billions of electronic gadgets ranging from cellphones to laptops to electric cars.
• This again: lithium-ion batteries behind HP recall - Brett Molina, USA Today (01/25/2017)
  HP is expanding its recall of laptop batteries for notebooks under its brand and Compaq because of potential burn and fire hazards. A statement from the Consumer Product Safety Commission says HP will recall an additional 101,000 batteries for safety reasons. Last June, HP had recalled 41,000 batteries.
• Samsung blames two separate battery faults for Galaxy Note 7 fires - Justin McCurry, Guardian (01/22/2017)
  Samsung has blamed lithium-ion batteries for causing its Galaxy Note 7 mobile phones to overheat and catch fire, a fault that led to the global recall of millions of devices and damaged customer confidence in the world's biggest maker of smartphones. At a press conference on Monday, Samsung officials said exhaustive tests on tens of thousands of devices and batteries had ruled our any problems with the device's hardware or software. But, it added, internal and independent investigations had "concluded that batteries were found to be the cause of the Note 7 incidents".

2016

• Samsung, Stung by Galaxy Note Failure, Recalls Washing Machines - Brian X. Chen , The New York Times (11/04/2016)
  Samsung discontinued its Galaxy Note 7 smartphone, which was prone to catching fire, last month. But the company’s safety problems have not ended: The manufacturer and a product safety regulator on Friday announced a recall for 2.8 million washing machines in the United States. The number of washing machines recalled, which includes 34 models of Samsung’s top-loading washers, exceeds the 1.9 million Galaxy Note smartphones that Samsung and the United States Consumer Product Safety Commission recalled last month. The safety commission said the affected Samsung laundry machines were prone to detaching from the washing machine chassis during use, “posing a risk of injury from impact.” Samsung, which is based in South Korea, said this could occur when consumers used a high-speed spin cycle for washing water-resistant clothing or bulky items, including bedding.
• U.S. Ban on Samsung Galaxy Note 7 Cellphones on Aircraft Goes Into Effect - Doug Cameron, The Wall Street Journal (10/15/2016)
  A widespread ban on carrying Samsung Electronics Co. Galaxy Note 7 cellphones on aircraft went into force on Saturday, after U.S. air-safety officials deemed the device to be a potential fire hazard. U.S. authorities on Friday flagged the ban on carrying the phones in the passenger cabin or aircraft hold, including checked baggage, on all domestic flights as well as those into and out of the country. The move was followed by airlines in Canada, Asia and other regions where the device had been sold. Carriers contacted by The Wall Street Journal didn’t report any problems in its initial implementation.
• Samsung's latest invention: a fireproof box for Note 7 returns - Malathi Nayak and Deborah M. Todd, Reuters (10/12/2016)
  Samsung Electronics Co Ltd is sending fireproof boxes and protective gloves to customers returning potentially explosive Galaxy Note 7 phones, sparking a firestorm of humor on social media about the new twist in the recall scandal. The company has permanently halted production of its Galaxy Note 7 smartphone less than two months after launch following reports that some batteries caught fire. Reports that some replacement models also went up in smoke were an additional blow to Samsung's brand and financial outlook.
• Samsung Tells Consumers to Stop Using Galaxy Note 7 - Jonathan Cheng, Eun-Young Jeong, and Georgia Wells, The Wall Street Journal (10/11/2016)
  Samsung Electronics Co.’s recall of one of its most advanced smartphones descended further into confusion, as the technology giant told consumers to stop using the Galaxy Note 7 and halted its production and distribution, while investigators probed reports of overheating batteries on devices that were supposed to be safe. The company late on Monday U.S. time said it was asking all telecom carriers and retailers that sell the Note 7 globally to stop sales and exchanges of the device pending investigation into the latest incidents. Major U.S. carriers already had made that move on their own. Consumers with either an original or a replacement Note 7 should power down and stop using the device, said Samsung. The Samsung announcement came after the company suspended production of the Note 7, a decision that raised questions about Samsung’s initial diagnosis of the problem, which attributed overheating batteries in some Note 7s to manufacturing issues at one of its suppliers.
• Southwest Flight Evacuated After Samsung Phone Catches Fire, Airline Says - Jonah Engel Bromwich , The New York Times (10/05/2016)
  A Southwest Airlines flight scheduled to leave Louisville, Ky., on Wednesday morning was evacuated on the runway after a passenger’s Samsung cellphone caught fire, passengers and the airline said. Southwest said in a statement that passengers and airline employees were taken off Flight 994, which was scheduled to leave for Baltimore, after a customer reported “smoke emitting from a Samsung electronic device.” The Verge identified the passenger as Brian Green and his phone as “a replacement Galaxy Note 7”.
• Lithium-Ion Batteries: Small Products, Big Exposures - Gregg A. Tatarka , Product Liability Advocate (09/27/2016)
  They are everywhere: in your pocket, in your car, in your hands, in your lap and even “in your face.” Lithium-ion batteries are in nearly every product that has become a staple of modern life, such as smartphones, tablets/notebook computers, digital cameras and headphones. They are in our transportation systems – trains, planes and automobiles. They are involved in our hobbies and recreation, including radio-controlled vehicles, hoverboards and e-bikes. They also show up in some of our vices, such as vaping and smoking e-cigarettes. Though we typically view the batteries and the products they power as innocuous, if something goes wrong it can go catastrophically wrong.
• Man Sues Samsung After Galaxy Note 7 Allegedly Exploded in His Pants - Fortune (09/16/2016)
  Samsung Electronics was sued on Friday by a Florida man who said he suffered severe burns after his Galaxy Note 7 smartphone exploded in his front pants pocket. The lawsuit by Jonathan Strobel may be the first in the United States by a Samsung phone user against the South Korean company over a battery defect linked to the Note 7. It was filed one day after Samsung recalled about 1 million Note 7s sold in the United States. Strobel, 28, of Boca Raton, said he was in a Costco store in Palm Beach Gardens on Sept. 9 when his Note 7 exploded. He said the phone burned directly through his pants, resulting in severe burns on his right leg.
• US agency: Samsung Galaxy Note 7 too dangerous to use - The Washington Post (09/09/2016)
  The U.S. Consumer Product Safety Commission says owners of the Galaxy Note 7 smartphones should turn them off and stop using them because of the risk that their batteries can explode.The agency said Friday that it’s working with Samsung on an official recall of the phones “as soon as possible” and that it’s trying to figure out if the company’s replacement Note 7s are an “acceptable remedy.” Samsung last week began a global recall for the phone, just two weeks after its launch, because of the risk of them catching fire or exploding. At the time, Samsung said it had confirmed 35 instances of the problem, out of 2.5 million phones sold.
• Samsung’s Massive Galaxy Note 7 Recall Brings Battery-Maker Into Focus - Eun-Young Jeong, The New York Times (09/05/2016)
  Samsung Electronics Co.’s global recall of its newest smartphone after some of the devices caught fire has put a spotlight on the technology giant’s battery-making affiliate. Samsung SDI Co. said Monday it was a supplier of batteries used in Galaxy Note 7 phones, which the world’s biggest smartphone maker pulled from shelves in one of the smartphone industry’s biggest recalls, announced Friday. Samsung SDI declined to comment on its role or the impact of the recall on its business… Samsung Electronics is recalling about 2.5 million Galaxy Note 7 devices, in a massive recall that analysts predict could cost the company about KRW 1 trillion ($904 million).
• Samsung Stops Galaxy Note 7 Smartphone Shipments as Safety Suspicions Spread - Eun-Young Jeong, The New York Times (09/01/2016)
  Samsung Electronics Co.’s mobile revival was thrown into doubt as the technology titan halted shipments of its latest smartphone in South Korea. Investors wiped more than $4 billion off Samsung’s market capitalization Thursday, after the company’s confirmation late Wednesday of a delay in shipping the larger-screen, waterproof Galaxy Note 7—launched less than two weeks ago—for additional testing...National news agency Yonhap had earlier reported five claims globally of Galaxy Note 7 smartphones exploding or catching fire while being charged. Some social-media sites carried photos and videos of scorched phones, though they couldn’t be verified. Samsung declined to comment.
• Half A Million 'Hoverboards' Recalled Over Risk Of Fire, Explosions - Camila Domonoske, NPR (07/06/2016)
  More than 500,000 balancing scooters — better known as hoverboards, though they do no hovering — are being recalled because of the risk of fire or explosions.

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