Thanks to improving technology over the past decade, lithium-ion batteries have evolved by leaps and bounds, as has consumer reliance on that technology (even more so in this COVID-19 era). One particular battery—the 18650—helped commercialize the otherwise difficult physics and chemistry of developing longer lasting, rechargeable batteries for consumer use. Unfortunately, the 18650 has also developed notoriety due to a spate of lawsuits filed on behalf of e-cigarette users who have experienced injuries when the 18650 powering their e-cigarettes exploded. With the global market for e-cigarettes expected to reach $24.5 billion by the year 2027, it is likely these cases will continue to permeate products liability litigation well into the mid-to-late 2020s, creating unique challenges for manufacturers, retailers and suppliers, as well as the attorneys who counsel them. Though the 18650 still remains available, many of the following lessons learned from vape litigation have upscale application to all lithium-ion battery litigation.

Background

Lithium-ion batteries first emerged as viable energy sources in the early 1990s. They are now the most popular type of rechargeable battery for consumer electronics, opening a whole new dimension in product development. Products that we interact with on a daily basis—cell phones, tablets, computers, vacuums, solar products, and cars, just to name a few—can run entirely on a lithium-ion power source. Yet the characteristics that make the lithium-ion battery a superior power source also contribute to its dangers.