Insurers should remain alive to the growing risk of product liability claims and litigation arising from greater consumer awareness of the safety of lithium-ion batteries in conjunction with well-publicised product recalls. Safe lithium-ion battery production is a priority for the UK Government.
Insurers should remain alive to the increasing risk of product liability claims and litigation arising from lithium-ion batteries. Lithium-ion batteries are a common source of energy across a wide range of consumer products, with users benefiting from their portability, long lifespan and fast charging times.
To mitigate the risks presented by lithium-ion batteries, insurers should check the insured manufacturer has performed all safety checks in accordance with relevant regulations and continues to take steps to mitigate against all associated risks, including overheating, fire, explosions and intoxication.
To limit the likelihood and consequences of a lithium-ion battery fire, a comprehensive safety strategy must be adopted that includes: Risk prevention, physical separation, early detection, active extinction and intervention actions.
In the UK, manufacturers and suppliers will be strictly liable under the Consumer Protection Act 1987 for defective lithium-ion batteries that have caused injury or death to a consumer or damage to private property. Producers may also be strictly liable for defective lithium-ion batteries they have sourced and incorporated into their products.
Much of the industry’s approach to BESS has been informed by the growing market in battery electric vehicles (BEVs), given that the technology used in these (lithium-ion batteries) is similar to many of the BESS deployments. So, what’s the problem with lithium-ion? In short, volatility, flammability and thermal runaway.