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Product Liability Litigation Arising From Lithium-Ion Batteries: Guidance and Strategies for Proving Claims

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, April 17, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will offer guidance and strategies for attorneys litigating lithium-ion battery fires.

Description

Lithium battery fires are a problem for consumers. Individuals whose phones, e-cycles or scooters, computers, vaping devices, or cars exploded may suffer catastrophic personal injury or extensive property damage.

Lithium battery fires start from "thermal runaways," which are incredibly hot and destructive and hard to extinguish. Good forensic investigation and selecting the right expert(s) are key to preserving what evidence may be left after a fire. The parties will need to understand applicable standards at each phase of manufacture and sale.

Defendant manufacturers, distributors or retailers may blame fires on any number of events, such as faulty or after-market charging equipment, overuse, careless treatment, or wear and tear. Defendants may also disclaim liability based on warnings provided with the batteries.

Listen as this experienced panel discusses strategies and best practices when litigating lithium-ion battery fire cases.

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Outline

  1. Introduction:
  2. Lithium-ion battery failure: thermal runaway
    1. Fire and origin: fire causation (experts)
    2. Lithium-ion battery: failure causation (experts)
  3. Defendants and theories of liability
    1. Identifying potential defendants
    2. Jurisdiction
    3. Design defect, manufacturing defect, failure to warn
    4. Medical device: preemption
  4. Insurer, re-insurer, and subrogation issues

Benefits

The panel will review these and other important issues:

  • How to establish jurisdiction over a foreign manufacturer?
  • What experts are needed to investigate these fires?
  • What other experts are needed to prove liability?
  • How are lithium-ion batteries regulated and who enforces those regulations?
  • What are the most difficult evidentiary challenges in proving this type of a product defect?

Faculty

McGlamry, Michael
Michael L. (Mike) McGlamry

Shareholder
Pope McGlamry

Mr. McGlamry is and has been actively representing plaintiffs in personal injury, wrongful death, products...  |  Read More

McGlamry, Caroline
Caroline G. McGlamry

Shareholder
Pope McGlamry

Ms. McGlamry graduated cum laude with a B.A. from the University of North Carolina at Chapel Hill in 2009. She spent a...  |  Read More

Paynter, Stuart
Stuart M. Paynter

Principal
Paynter Law

Mr. Paynter is an experienced trial attorney specializing in catastrophic personal injury cases, products liability and...  |  Read More

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