What You Would Need to Show After a Battery Injury
If you were hurt by a battery, the claim that could follow is a product liability claim: a claim by an injured person against a product's designer, manufacturer or seller. Most of these claims arise under state law, and they usually rest on one or more of the three theories described above: a design that was unreasonably dangerous, a unit that departed from its intended design, or missing or inadequate instructions or warnings about a risk.
Federal regulations describe "defect" in similar terms for the companies' reporting duty. Under 16 C.F.R. § 1115.4, "a defect is a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function." The same section states that "a product may contain a defect even if the product is manufactured exactly in accordance with its design and specifications, if the design presents a risk of injury to the public." That regulation guides reporting to the CPSC. A state court applies its own state's law to an injury claim.
Under any of the three theories, a claim generally has to show three things: a defect existed, the defect caused the injury, and the injury led to damages. Whether those elements are met depends on the facts of each case.
A statute of limitations is the period within which a lawsuit must be filed. After it ends, the right to sue is generally lost. These periods differ from state to state. In many states the period runs from the date of injury; in some, from when the injury was, or should have been, discovered. Fault rules also differ. Some states use comparative fault, which reduces recovery by a person's share of fault. Others use contributory fault, which can bar recovery altogether. For someone who kept using a device after it swelled or ran hot, which of these rules applies may affect how that conduct is weighed.
Wrongful death is a legal claim brought by surviving family members when a person dies as a result of another party's wrongful act or a defective product. Who may bring it, and what damages the law may allow, depend on the state. A family weighing these questions often wants to understand which state's law applies and when its time limit began. If you'd like to talk through how these rules may apply after a battery fire, you can request a case evaluation.