Why the Cause of the Explosion Matters for a Legal Claim
Product liability is the body of law that may hold a manufacturer, importer or seller responsible for injuries caused by a defective product. It generally asks three things: that the product had a defect, that the defect caused the injury, and that the injury resulted in damages. Whether those are met depends on the facts of the specific case. An explosion, however serious, does not by itself prove a defect.
Claims are usually framed under one or more theories:
- Strict liability: responsibility based on the defect itself, without having to prove the maker was careless.
- Negligence: a failure to use reasonable care in designing, making or warning about the product.
- Breach of warranty: the product did not perform as it was promised to.
A battery passes through many hands before it reaches a home. The chain of distribution can include the cell manufacturer, a component supplier, the company that assembled the pack, an importer, a distributor and a retailer, and more than one of them may be a potential defendant depending on where a defect began.
Federal law adds a separate layer. Under 15 U.S.C. § 2064, a manufacturer, distributor or retailer that obtains information reasonably supporting the conclusion that a product contains a defect that could create a substantial product hazard, or "creates an unreasonable risk of serious injury or death," generally must "immediately inform the Commission." The same section lets the Commission order notice and remedies such as repair, replacement or refund. A recall that follows is not a finding that a product injured anyone, and the absence of a recall does not show a product was safe.
State law governs most product liability claims, and fault rules, damages rules and other requirements differ from state to state. If you are weighing whether to pursue a claim, which theory fits the facts and who in the supply chain may be involved are the kinds of questions a conversation with our attorney can cover.