Lithium battery fire: what to do and your rights

A study by Energy Safe Victoria found that 41% of e-ride owners (aged 18-29) are unaware of fire risks caused by lithium-ion batteries, leading to nation-wide awareness campaigns as lithium-ion battery fires increase and damage homes.

When we think of e-scooters or e-bike injuries, we commonly think of the ones that can happen on our roads and streets. Although falling from an e-bike or being hit by one as a pedestrian can cause serious injury, there are other ways these modes of transportation can cause harm.

Defective batteries in e-bikes and e-scooters can explode or ignite causing fires. Internal defects, heat exposure, or short circuits can cause a battery to ignite, even when unused. If you’ve been injured because of a defective product, like a battery, learn about your rights and what to do next.

Why are lithium batteries dangerous?

Between 2022-24, Fire and Rescue NSW reported 761 fires caused by e-bike and e-scooter battery fires. Just last year, the Department of Fire and Emergency Services in WA reported 94 lithium-ion battery fires leading to the destruction of homes. As more and more Australians turn to e-transport options, it’s important to understand the risks that come with these batteries.

Lithium-ion batteries store large amounts of energy in a small volume. When that energy is released uncontrolled, the battery can ignite and spread to nearby flammable materials in seconds.

There are many reasons why lithium batteries explode, including:

• Overcharging or using incompatible chargers

• Poor-quality manufacturing or battery cell malfunctions

• Physical damage (like dropping the e-scooter or e-bike)

• Exposure to extreme heat

• Improper storage

• Short-circuiting or system faults

• Modifying the battery

What should you do if a lithium battery is bulging or swelling?

Problems with lithium-ion batteries often manifest before a disaster. A key warning sign is a lithium-ion battery bulging, which indicates that gasses are building up inside the sealed casing.

Here’s what you should do next:

What should you do after a lithium battery fire or explosion?

Get to safety and call 000 if anyone is injured or property is on fire. Lithium battery fires can reignite even if the flames have gone out. Document injuries and damage with photos. Report the incident to the ACCC or state fair trading authority, and get legal advice especially if you believe the product was defective. Where it is safe to do so, retain the lithium battery for testing. This is important for any legal claim as it may assist your legal team determine the cause of the battery failure.

Can you claim compensation for a lithium battery injury in Australia?

Yes. Australian Consumer Law gives you statutory rights against suppliers and manufacturers of defective products. If a product has a design defect, a manufacturing flaw, or fails to provide adequate safety warnings, the injured party has the right to seek compensation. Compensation can cover medical costs, lost income, pain and suffering, and future care.

You may also be entitled to claim compensation if one or more consumer guarantees have been breached. For example, if the product is not of acceptable quality or is not fit for a disclosed purpose. Navigating defective product claims and breaches of consumer guarantees can be complex. Seeking legal advice will assist you in clarifying your rights.

Who’s responsible when a battery causes injury?

Manufacturers and suppliers are responsible if a defective battery is found to have caused injury or damage. If you are injured because the product you purchased had a manufacturing defect, design defect or failed to warn you of risks, then you may be entitled to make a public liability claim.