What the Law Needs to Show After a Battery Fire Injures Someone
If you were hurt, product liability is the body of law that may apply: under it, manufacturers, distributors and sellers can be held responsible when a defective product causes injury. It recognizes three broad kinds of defect: a design defect, where the product's design itself presents an unreasonable danger; a manufacturing defect, where a specific unit departs from its intended design; and a failure to warn, where instructions or warnings about a risk are inadequate.
For a homeowner, the distinction shapes the questions asked. A design defect claim looks at the product line as a whole; a manufacturing defect claim looks at whether your particular unit differed from the others. Where a third-party contractor installed the unit, how it was installed can become a separate question from how it was designed or built, which can affect who may be responsible.
The CPSC's own regulation shows how the word "defect" is used in federal safety law, which can help in reading a recall notice. 16 C.F.R. § 1115.4 states that "a defect is a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function," and 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." It adds that a defect "can also occur in a product's contents, construction, finish, packaging, warnings, and/or instructions." That regulation guides what firms report to the Commission; it is not itself the test a court applies in an injury case.
To succeed, a person generally must show both that a defect existed and that the defect caused the injury. An injury alone establishes neither, and a fire alone does not prove a defect.
In practice, the federal rules and your own claim run on separate tracks. The Consumer Product Safety Act, which begins at 15 U.S.C. § 2051, states its purposes, including "to protect the public against unreasonable risks of injury associated with consumer products." Section 2064 lets the Commission, after an opportunity for a hearing, order a manufacturer, distributor or retailer to repair a product, replace it or refund the purchase price. Injury claims themselves are decided under state law, and the elements, the comparative or contributory fault rules and the damages rules differ from state to state. No single state's rule, California's included, is the rule everywhere. Our overview of a lithium battery injury claim covers the supply-chain questions in more detail.