Fire and Burn Hazards Prompt Urgent Action for SKIL Lithium-Ion Battery Users
Lithium-ion batteries have revolutionized the way we power tools and devices, offering convenience and portability. However, recent recalls have shed light on the potential dangers these batteries can pose when manufacturing defects arise. One such recall involves SKIL brand 40V 5.0Ah Lithium-Ion Batteries, which were found to overheat, creating significant fire and burn hazards.
Understanding the SKIL Lithium-Ion Battery Recall
Chervon North America, the company behind the SKIL brand, has issued a recall for approximately 63,000 of these batteries sold in the United States, along with 359 units in Canada. The affected batteries, used with SKIL 40V tools and mowers, were manufactured before May 1, 2021, and include specific date codes within the serial numbers.
The recalled batteries have been linked to at least 100 thermal incidents, including cases of overheating, smoking, melting, and even catching fire. These incidents have resulted in eight reports of minor burns or smoke inhalation and 49 cases of property damage. Given these risks, users are urged to stop using the batteries immediately and register for a refund or replacement through Chervon.
The recall also underscores the broader safety concerns surrounding lithium-ion batteries, particularly in high-capacity applications such as power tools. While these batteries are generally safe when properly manufactured, defects can lead to catastrophic failures.
Harm to Victims and Potential Legal Recourse
When lithium-ion batteries malfunction, the consequences can be devastating. Victims may suffer severe burns, respiratory issues from inhaling smoke, or property loss from fires caused by the overheating battery. These injuries often require extensive medical treatment, and property damage can result in significant financial burdens.
In situations like this, individuals harmed by defective products may have the right to pursue a product liability lawsuit. Such lawsuits aim to hold manufacturers, distributors, or retailers accountable for releasing unsafe products into the market.
Filing a Product Liability Lawsuit
Victims can initiate a lawsuit by proving that the product in question was defective and caused their injury or loss. This typically requires gathering evidence such as the recalled product itself, documentation of injuries or damages, and any relevant reports, such as those filed with consumer safety agencies.
The lawsuit process often begins with filing a claim against the manufacturer or distributor. Many cases involve settlement negotiations, but if a fair resolution cannot be reached, the case may proceed to court. Legal representation is crucial throughout this process, as product liability cases often involve complex technical and legal issues.
The Importance of Legal Representation
An attorney plays a vital role in navigating each step of the lawsuit process. They can help identify all parties liable for the defect, gather necessary evidence, and ensure that claims are filed within the applicable statute of limitations. In addition, attorneys can counter tactics from manufacturers and their insurers, who may attempt to minimize their liability.
A lawyer can also calculate the full scope of damages, ensuring victims receive compensation that reflects their medical expenses, property damage, lost wages, and emotional distress. In cases of severe negligence, courts may award punitive damages to further hold manufacturers accountable.
Recoverable Damages in Product Liability Cases
Victims of defective products like the SKIL battery may be entitled to several types of compensation. These include:
- Medical expenses: Covering costs for hospitalizations, treatments, and ongoing care for burn injuries or respiratory issues.
- Property damage: Reimbursement for the loss of belongings or structural damage caused by battery-related fires.
- Lost wages: Compensation for time missed at work due to injuries.
- Pain and suffering: Addressing the physical and emotional toll of injuries.
Families who lose a loved one to a defective product may also file wrongful death claims, seeking damages for funeral expenses, loss of financial support, and emotional anguish.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
If you or someone you know has been injured or suffered property damage due to a defective SKIL lithium-ion battery, legal options may be available. Parker Waichman LLP is dedicated to holding manufacturers accountable and securing the compensation victims deserve. Contact us today at 1-800-YOUR-LAWYER (1-800-968-7529) for a free consultation. Regardless of your location or where your injury occurred, our nationwide personal injury law firm is ready to assist you.
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