E-Bike and Scooter Battery Fires: New Safety Standards and Who Is Responsible When Batteries Fail

Electric bikes and scooters have transformed how many people get around. They are affordable, efficient and fun. But the lithium-ion batteries that power them have been linked to a growing number of fires, some of them deadly. In dense cities, fires that start in apartments where e-bikes are stored or charged can spread quickly and trap residents.

These incidents have prompted action at the local and federal levels. New York City, which experienced a large number of battery-related fires, adopted a law in 2023 requiring that e-bikes, e-scooters and their batteries sold in the city be certified to recognized UL safety standards. The U.S. Consumer Product Safety Commission (CPSC) has issued warnings and recalls related to micromobility battery hazards. This article explains why these fires happen, what the safety standards require, and who may be legally responsible when a battery fire causes injury.

Why Lithium-Ion Batteries Catch Fire

Lithium-ion batteries store a large amount of energy in a small space. When a cell is damaged, defective, overcharged or overheated, it can enter a dangerous state called thermal runaway, in which heat generated inside the cell causes further reactions that generate more heat. The result can be intense fire, toxic smoke and, in some cases, explosion. Because battery packs contain many cells, a failure in one cell can spread to others.

Common factors that contribute to battery fires include:

• Poor-quality cells or manufacturing defects
• Lack of an adequate battery management system to prevent overcharging and overheating
• Mismatched or uncertified chargers
• Physical damage from crashes or drops
• Exposure to water or extreme temperatures
• Modified or aftermarket batteries
• Charging unattended or overnight near exits or flammable materials

The Safety Standards

Two UL standards are especially relevant to micromobility devices:

• UL 2849, which addresses the electrical system of e-bikes, including the battery, charger and motor working together
• UL 2272, which addresses the electrical systems of personal e-mobility devices such as hoverboards and e-scooters

Certification to these standards involves testing for electrical and fire safety, including how the battery and charging system respond to abnormal conditions. Certification does not guarantee that a product will never fail, but it indicates that the design was tested against recognized safety criteria.

Local Laws

New York City's Local Law 39 of 2023 prohibits the sale, lease or rental of e-bikes and e-scooters, and their batteries, that are not certified to the applicable UL standards. Other cities and states have considered or adopted measures addressing battery safety, battery disposal, and charging in multifamily buildings. Requirements vary, so it is worth checking what applies where you live.

Federal Attention

The CPSC has issued safety warnings about micromobility batteries and has announced recalls of specific products. Federal lawmakers have also considered legislation to establish mandatory safety standards for lithium-ion batteries in micromobility devices. The regulatory landscape continues to evolve.

Who Is Injured in Battery Fires

Battery fires injure riders, but they also injure people who never used the device — neighbors in apartment buildings, family members, children and firefighters. Injuries can include:

• Severe burns requiring skin grafts and multiple surgeries
• Smoke inhalation and lung damage
• Carbon monoxide and toxic gas exposure
• Injuries sustained while escaping a fire
• Fatal injuries
• Property loss, including homes and belongings

Who May Be Legally Responsible

When a battery fire causes injury, several parties may share responsibility.

Manufacturers

Manufacturers of e-bikes, scooters, battery packs, cells and chargers can be held responsible under product liability law if a product was defectively designed, defectively manufactured, or sold without adequate warnings. In many states, product liability claims are based on strict liability — meaning the injured person does not have to prove the manufacturer was careless, only that the product was defective and caused the injury.

Sellers and Distributors

Retailers, online marketplaces and distributors that sell defective products may also be responsible in some circumstances. The rules about whether an online marketplace can be held liable vary by state and depend on its role in the sale.

Landlords and Property Owners

When a fire spreads through an apartment building, questions may arise about whether the landlord maintained required smoke detectors, fire doors, sprinklers and exits. Building code violations can be important evidence.

Repair Shops and Modifiers

If a battery was modified, rebuilt or improperly repaired, the business that performed the work may share responsibility.

Rental and Sharing Companies

Companies that rent or share e-bikes and scooters have obligations to maintain their fleets. If a poorly maintained rental device caught fire, the company may be responsible.

The Importance of Preserving Evidence

Battery fire cases are highly technical, and the most important evidence — the battery, charger and device — is often damaged or destroyed by the fire. What remains must be preserved carefully. Steps include:

1. Do not throw away the remains of the device, battery or charger
2. Photograph the scene, the device and any packaging
3. Keep receipts, order confirmations, product listings and manuals
4. Note where the device was purchased and the brand and model
5. Ask the fire department for its incident report
6. Do not allow repairs or demolition before evidence is documented, if possible
7. Notify your attorney before an insurance company removes the evidence

Fire investigators and engineers can often determine where a fire started and whether a battery failure was the cause, even when the scene is badly damaged. But the earlier they can examine the evidence, the better.

Safety Tips for E-Bike and Scooter Owners

While responsibility for defective products rests with those who make and sell them, these practices can reduce risk:

• Buy devices and batteries certified to UL 2849 or UL 2272
• Use only the charger that came with the device or one approved by the manufacturer
• Do not charge devices overnight or while unattended
• Charge and store devices away from exits and flammable materials
• Stop using a battery that is damaged, swollen, leaking, unusually hot or smells unusual
• Do not modify batteries or use aftermarket batteries of unknown origin
• Check for recalls on the CPSC website
• Dispose of batteries properly through designated recycling programs

What Injured People Should Know About Their Claims

Product liability claims involving battery fires may include compensation for medical expenses, future care, lost income, pain and suffering, scarring and disfigurement, and property damage. In fatal fires, families may bring wrongful death claims.

Insurance often plays a role. Homeowners or renters insurance may cover property losses, and the insurer may later pursue the manufacturer (a process called subrogation). Injured people should be cautious about signing releases or allowing insurers to take custody of evidence without understanding how it affects their own claims.

Deadlines apply. Product liability claims are subject to statutes of limitations and, in some states, statutes of repose that limit claims based on the age of the product.

Fires in Apartment Buildings and Multifamily Housing

Battery fires in multifamily buildings raise particular concerns. Many residents of apartments do not have garages or outdoor storage, so they keep e-bikes and scooters inside their units or in hallways. A fire that begins in one unit can fill stairwells with smoke and block exits for everyone in the building.

Building owners and managers have responsibilities under fire and building codes, including maintaining smoke alarms, self-closing fire doors, sprinkler systems where required, and clear exit paths. Some buildings have adopted policies about where devices may be stored or charged, and some jurisdictions have considered rules for charging rooms or storage areas. When a fire spreads because required safety systems were missing or broken, injured residents may have claims against the building owner in addition to claims against the product manufacturer.

Tenants should know that renters insurance can be important for covering personal property and, in some cases, liability. Reviewing policy coverage before an emergency is wise.

Firefighter and First Responder Injuries

Battery fires are notoriously difficult to extinguish. They can reignite after appearing to be out, and they release toxic gases. Firefighters responding to these fires face serious hazards. Injured first responders generally receive workers' compensation benefits, but they may also have claims against third parties — such as a manufacturer of a defective battery — whose products caused the fire. These third-party claims are separate from workers' compensation and can provide compensation that workers' compensation does not, such as damages for pain and suffering.

Delivery Workers and Commercial Use

Many delivery workers rely on e-bikes for their livelihoods, often riding long hours and charging batteries frequently. Heavy use, repeated charging and exposure to weather can stress batteries. When a delivery worker is injured by a battery failure, questions may arise about who provided the equipment, whether it was certified, and whether the worker is an employee or independent contractor. These questions affect which insurance and legal remedies are available.

Some cities have launched programs to help delivery workers exchange uncertified batteries for certified ones, recognizing that cost is a barrier to safer equipment.

Understanding Product Defect Theories

Product liability law generally recognizes three types of defects, each of which may apply to battery fires:

• Design defects: The product's design was unreasonably dangerous, and a safer alternative design was feasible. For example, a battery pack designed without adequate protection against overcharging or cell-to-cell heat propagation.
• Manufacturing defects: The product departed from its intended design during production. For example, contamination or flaws in individual battery cells.
• Warning defects: The product lacked adequate warnings or instructions about known risks, such as charging practices or the dangers of incompatible chargers.

An expert investigation is typically needed to determine which theory applies. The investigation may include CT scanning of battery remnants, analysis of the battery management system, and comparison with exemplar products of the same model.

Frequently Asked Questions

My e-bike was not certified. Does that mean I cannot bring a claim?

No. Lack of certification does not prevent a product liability claim against the manufacturer or seller of a defective product. In fact, the sale of an uncertified device where certification is required may itself be relevant evidence. Your own use of the device will be examined, but manufacturers remain responsible for the safety of the products they sell.

The fire started in my neighbor's apartment. Who is responsible for my injuries?

Potentially, the manufacturer and seller of the device that caught fire, and possibly the building owner if fire safety systems failed. Your neighbor's own insurance may also be relevant. Each situation depends on the facts, which is why an early investigation matters.

What if the battery was a replacement bought online?

Replacement batteries from unknown sellers are a common concern. Identifying the seller, platform and manufacturer can take investigation, but order records, packaging and the battery itself often provide leads. Online marketplace liability varies by state.

How long do I have to file a claim?

Deadlines vary by state and claim type. Product liability claims are subject to statutes of limitations, and some states also have statutes of repose. Contact an attorney promptly.

Key Takeaways

• Lithium-ion batteries in e-bikes and scooters can fail through thermal runaway, causing intense fires and toxic smoke.
• UL 2849 and UL 2272 are recognized safety standards for e-bikes and personal e-mobility devices; New York City requires certification for devices sold there.
• Manufacturers, sellers, landlords, repair shops and rental companies may share responsibility when a battery fire causes injury.
• Preserving the device, battery and charger after a fire is critical to any claim.
• Burn victims and families of those killed in battery fires may have product liability and wrongful death claims.

How We Can Help

At Personal Injury Lawyer Pro, our product liability and fire injury attorneys investigate battery fires with qualified fire and engineering professionals, identify every responsible party, and pursue compensation for burns, smoke inhalation and wrongful death. If you or a loved one was hurt in an e-bike, scooter or battery fire, contact us for a free, confidential consultation. You pay no attorney fee unless we recover compensation for you.