What You Would Have to Show After a Battery Injury
Federal law puts a reporting duty on companies, not on injured people. Under 15 U.S.C. § 2064, a manufacturer, distributor or retailer of a consumer product that obtains information reasonably supporting the conclusion that the product "contains a defect which could create a substantial product hazard," or "creates an unreasonable risk of serious injury or death," must "immediately inform the Commission," generally unless it knows the CPSC has already been adequately informed. That statute governs reporting to the agency and recall orders. It does not decide private injury claims.
The CPSC's regulation gives its working meaning of a defect. 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 adds that a defect "can also occur in a product's contents, construction, finish, packaging, warnings, and/or instructions."
Product liability is the body of law that can hold manufacturers, importers, distributors and sellers responsible when a defective product causes an injury. A product-liability claim typically requires three things: a defect (design, manufacturing or warning), causation, meaning the defect actually caused the injury, and damages. A negligence claim typically requires a duty of care, a breach of that duty, causation and damages. Many states also allow claims that do not depend on proving carelessness, but the forms they take differ.
For someone with a hospital bill, this means the injury alone does not carry the claim: a defect does not by itself prove that it caused a particular injury, and each element has to be shown with evidence.
State law decides most of these cases. A statute of limitations, the deadline for filing a lawsuit, differs by state and by the type of claim, and so do the rules on when it starts to run. Fault rules, including comparative and contributory negligence, and damages rules also differ. For a death, each state's wrongful death law, which governs who may bring a claim when someone dies, sets its own terms. As one example, this site has a page on California lithium battery injury rules; California's rules apply only in California. The state where the fire happened, and when, are details that shape which of these rules an attorney looks at first.