Many children’s toys and electronic devices require batteries to operate. While batteries are usually safe, some batteries suffer from latent defects that create a risk that they will explode. Exploding batteries can cause serious injuries and, in many instances, permanent scars. If you or your child were hurt in such an incident, you may be entitled to damages and should consult a lawyer to assess your potential claims. The knowledgeable Cape Cod product liability attorneys of The Law Offices of John C. Manoog, III, have more than fifteen decades representing injured parties and are well-versed in what it takes to hold companies liable for the harm brought on by defective products. Our zealous advocacy has enabled us to obtain numerous multi-million damages awards for our clients.Risk of Exploding Batteries
While any battery potentially has a risk of exploding, lithium-ion battery explosions are increasingly common. This is because lithium-ion batteries contain a highly-flammable chemical that is prone to catching on fire if the battery becomes overheated or damaged, which can lead to explosions. Unfortunately, many products use lithium-ion batteries, such as laptop computers, cell phones, hoverboards, and e-cigarettes. These explosions often cause burns, lacerations, vision and hearing loss, scarring and disfigurement, and other serious injuries.Pursuing Damages for Harm Caused by Exploding Batteries
People that are injured battery accidents may be able to pursue claims against multiple parties. Specifically, in Massachusetts, a person injured by a defective product may be able to pursue product liability claims against the parties that manufactured, sold, or distributed the product.
Generally, in a product liability lawsuit, the plaintiff will allege that one or more defendants should be held strictly liable for the plaintiff’s harm. In order for a defendant to be held strictly liable for a plaintiff’s harm, the plaintiff must prove that the defendant manufactured or sold a product to the plaintiff that had a defect that made it unreasonably unsafe, and that the plaintiff suffered harm due to the defect.
A product such as a battery may be dangerous due to a design defect, a manufacturing defect, or a marketing defect. Essentially, a design defect [link to design defect page] occurs when the product is designed in a manner that makes it inherently unsafe, whereas a manufacturing defect occurs when the product is safely designed, but an error occurs during the manufacturing of the product that made the product unsafe. Conversely, a marketing defect may be present when a manufacturer or seller fails to warn people of the risks associated with the use of a product.
A plaintiff pursuing a strict liability claim must also prove that he or she was using the product as intended at the time the harm occurred and that he or she did not alter the product from its original condition. Notably, however, a strict liability claim does not require a plaintiff to show that the defendant was negligent or that the defendant knew or should have known that the product was dangerous.
In some instances, in addition to a strict liability claim, an injured plaintiff may also be able to assert a breach of warranty [link to breach of implied warranty of merchantability page] claim, a negligence claim, or a claim of a violation of Massachusetts consumer protection laws against the defendant. Typically, irrespective of the nature of the claims asserted, an injured plaintiff will need to retain an expert to prove that the defendant should be held accountable for the plaintiff’s harm.Meet with an Experienced Cape Cod Attorney
Many people use products that are powered by batteries without considering that the batteries may harm them. If you suffered injuries due to a defective battery it is advisable to meet with an attorney to discuss your rights. The experienced Cape Cod lawyers at the Law Offices of John C. Manoog, III, have the skills and resources needed to help you seek a just outcome and we will advocate aggressively on your behalf. We have obtained multiple damages awards in excess of one million dollars for our clients. We routinely represent people in product liability cases throughout Cape Cod, and we are available to meet by consultation in Hyannis and Plymouth. You can contact us at 888.262.6664 or through the form online to schedule a conference. Nós Falamos Português.