Electric Vehicle Battery Fires: Who’s Liable When an EV Burns?

The sales of electric vehicles have grown explosively in recent years, reaching 17 million worldwide in 2024. EV battery fires are serious mishaps that can cause property damage, injury, or even death. If you have suffered an injury or property damage in an EV battery fire, you have legal options. It is important, however, that you hold the right party accountable.

Why EV battery fires are different from other car fires

EV batteries are different from ordinary automobile batteries. The chemistry of lithium-ion batteries creates a risk of thermal runaway. Thermal runaway occurs when the heat of a battery triggers a chain reaction, progressively heating the battery until it catches fire. It gets worse, though–EV fires burn hotter and longer than gasoline fires, creating unique challenges for firefighters.

Common causes of EV battery fires

EV batteries fail for a variety of reasons:

• Manufacturing defects in the battery cells or modules.
• Improper installation of the battery.
• Faulty electrical wiring.
• Damage from collisions that compromise the battery pack. This could result in a fire that starts seconds or even hours after the collision.
• Overcharging a battery or charging with defective charging equipment.
• Exposure to extreme heat or flooding.

You need to be able to trace each of these causes to parties who can afford to pay your claim (including their insurance companies).

How liability is determined in an EV fire case

There are different ways you can approach an EV fire claim, depending on the facts surrounding the case:

• You might be able to file a product liability claim against the battery manufacturer for defective design or manufacturing.
• You might file a negligence claim against a repair shop or a battery installer who operated incompetently.
• You might have a claim against a charging station operator for faulty equipment or improper maintenance.
• You might sue another driver if they started the fire by colliding with you.

Remember that you cannot pursue a claim against anyone until you first identify at least one potentially liable party.

Evidence that can strengthen your case

There are ways to assemble convincing evidence against an at-fault defendant, including:

• Expert analysis of the battery and its damaged components. This can identify a manufacturing or a design defect, or improper installation.
• Examine the vehicle data logs. Vehicle data logs are electronically stored records from onboard systems that capture details of the vehicle’s operation.
• Look for manufacturer recalls or prior complaints involving similar EV models. This might indicate a design defect.
• Witness accounts and photographs from the scene of the accident.

A seasoned personal injury lawyer will have ways to gather critical evidence.

Injuries and losses are often linked to EV fires

EV fires not only cause extensive damage to your vehicle, but they can also result in:

• Severe burns and smoke inhalation injuries;
• Property damage to nearby vehicles or structures;
• Emotional trauma from being inside a vehicle that has caught fire.
• Long-term health complications from any toxic fumes that you might inhale.

Steps to take immediately after an EV fire

Take the following steps immediately after an EV fire, to enhance the value of your claim:

• Seek prompt medical attention, even for minor symptoms.
• Preserve the vehicle if possible, even if (and especially if) it’s totaled. This can serve as valuable evidence.
• Document your injuries, property losses, and recovery expenses.
• If you were injured, keep a daily pain journal to record the extent of your physical suffering and the ways in which it has affected your life.

Absolutely avoid discussing fault with insurance company adjusters before talking to a lawyer. In fact, it might be best to hire a lawyer right away and tell the insurance company to deal only with your lawyer, not you. If you suffered a serious injury, this can preserve your peace of mind while you focus on regaining your health.

Challenges unique to EV fire injury cases

Certain challenges are unique to EV battery fire cases:

• Proving the exact ignition source in high-damage incidents. This can require significant technical skill.
• Identifying a design defect that might have caused the fire.
• Overcoming complex manufacturer defenses, if you file a product liability lawsuit.
• Navigating multiple liable parties, sometimes across state or even national borders. Suing a manufacturer in another country can be challenging, but there are some ways to work around this difficulty.

You will likely need an accident reconstruction expert to prove exactly how the accident happened.

Special considerations for Texas EV fire claims

If the fire was caused by a defect in the battery itself, you likely qualify to file a product liability claim. If certain conditions are met, you can win a product liability claim based on strict liability, which means without even proving that the defendant was negligent. You still must show that the product was defective, and that the defect caused your injuries.

 

If the manufacturer is not subject to personal jurisdiction in Texas, for example, you can sue the distributor of the battery as if it were the manufacturer, even if the distributor was not at fault.

Under Texas law, you typically have two years to file a personal injury or property damage lawsuit. If you fail to meet this deadline, you lose your right to sue, and the value of your claim could drop to zero overnight. Therefore, it is essential to either finalize a settlement or file a lawsuit within this time frame.

How a San Antonio attorney can help protect your rights

A San Antonio attorney can help you in more ways than you probably realize. They can, for example:

• Coordinate with technical experts to pinpoint the cause of the fire.
• Preserve critical evidence before it is lost or destroyed–vehicle data logs, for example.
• Negotiate with manufacturers and insurers on your behalf, and get you a much better deal than you would probably get if you tried to negotiate your claim on your own.
• Help you file a lawsuit if the defendant or their insurance company refuses to offer you an acceptable settlement.
• Prepare for litigation if the other side refuses to offer you fair compensation.

Most personal injury/property damage lawyers operate on a contingency fee basis, which means that they will not charge you attorney’s fees unless they win your case.

Don’t let a dangerous defect go unanswered

Speak with an experienced product liability attorney who understands EV fire cases and can fight for full compensation. The Pat Maloney Accident & Injury Attorney law firm, for example, has been serving San Antonio personal injury and wrongful death victims for decades. Contact us today for a free initial consultation.