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Can I sue the manufacturer of a cell phone battery if it explodes in flames in my home, even if there was no bodily injury?

Los Angeles, CA |

I had just taken the spare battery out of my pocket because it felt far too warm, and then it started to smell strangely. I was in the process of getting a bag to dispose of it outside, but if it had happened 15 seconds earlier or later then I would have serious burns right now. The loud explosion knocked the burning battery off my kitchen table onto the floor, and I had to douse it with water multiple times to put the flames out. The whole ordeal seemed to happen very quickly for absolutely no reason, so now I'm very concerned about using other rechargeable batteries in the future.

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Attorney answers 6

Posted

If nobody was hurt, probably not worth it.

Posted

Negligence claims are based on actual damages caused by a breach of duty. Where there is a product defect, recovery is for damages caused by that defect. I'm glad no one was injured and that there was no serious damage to your home. In negligence cases, what would have or could have happened doesn't count.

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Posted

If you weren't hurt, then you don't have a good claim for damages. Not worth suing over.

Posted

Without injury, a lawsuit would be fruitless. Return it for a new one, and perhaps some free coupons.

Posted

PERSONAL INJURY --

Thankfully It sounds like you weren't physically injured. But, that also means that there likely is not a claim for personal injury.

PROPERTY DAMAGE --

Separately, you may have claims for Property Damage. Not clear whether the contents of the burning battery or the water that you poured caused damage to your kitchen table, flooring, etc. If there is damage to property, you may consider a claim of property damage.

If you provide more details regarding property damage, maybe one of the attorneys that frequent these forums can provide additional insight regarding that issue.

Best of luck to you!

This information is not legal advice, does not create an attorney-client relationship, and is intended for general informational purposes only. Said information is given in the context of California law.

Posted

Sorry, but thankfully there were no injuries, so no damages for personal injuries

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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