Originally published in Bloomberg Law, vol. 45, no. 10 - March 6th, 2017.

Highly publicized incidents involving lithium-ion battery fires have necessitated large-scale and costly recalls, or highly publicized investigations, requiring product manufacturers to incur not only the expense of recalls or investigations (not to mention lawsuits) but also the bad publicity and loss of consumer trust. As news reports expose various, albeit limited, incidents of property damage or personal injuries associated with lithium-ion batteries, numerous attorneys across the internet advertise their experience with lithium-ion related lawsuits. Frequently, the target of these lawsuits is not the manufacturer of the battery itself but rather the manufacturer of the larger product that uses the battery. With the proliferation of lithium-ion batteries, it may be just a matter of time before a fire on an airplane, a cruise ship, or a high-rise building leads to significant property damage or, far worse, exposes a large number of people to possible death or injury. Although sellers of lithium-ion powered products that experience failures cannot avoid lawsuits altogether, there are steps that can be taken to manage the risk or reduce exposure.