Electric scooters and e-bikes are one of the UK’s fastest growing fire risks. In total:
At least 16 people across the UK have died as a result of e-bike or e-scooter fires since July 2022.
By May 2023, at least 190 people across the UK had been injured in e-bike fires. Many more have been injured since.
Up until the end of September 2024, there were three e-bike fires a week in London alone.
Electric scooter and E-bike fires are devastating. They are generally caused by the scooter or bike’s lithium-ion battery pack, which, if defective, can lead to a chain reaction called “thermal runaway”.
An average lithium-ion e-bike battery is said to contain as much explosive energy as six hand grenades. Within minutes of thermal runaway, homes can be destroyed and lives lost.
How can we ensure that members of the public are safe when buying and using e-bikes and scooters? And how can those who have suffered injury, lost their homes, or even loved ones at the hands of defective e-bike batteries secure justice for themselves and their families?
You can read Part 1 of this article here.
When is a duty of care breached?
When considering breach, the Court will examine the reasonable standard of care by looking to the likelihood of harm, the potential magnitude of harm, and the practicality of taking precautions against that harm.
Clearly, the potential magnitude of harm arising from a e-bike fire is significant, given the loss of life, personal injury and damage to property that has resulted from fires across the UK.
The Court may consider the recent rise in cases of death and personal injury as a result of defective lithium-ion, e-bike batteries, as evidence that there is an increasing likelihood of harm associated with manufacturing such products.
Causation
The Claimant will have to prove, on the balance of probabilities, that but for the failure of the e-bike battery, the fire would not have occurred, and that they would not have suffered their loss.
Limitation period
Personal injury claims must be brought within 3 years of the date on which the cause of action accrued, or (if later) the date of the knowledge of the injured person, s.11A(4) Limitation Act 1980.
Similarly, if the product causes somebody’s death, their dependants might be able to bring a claim under the Fatal Accidents Act 1976, within 3 years of the date of death or the date of knowledge of a person for whose benefit the action is brought, whichever is the later (s.12(2) Limitation Act 1980).
How we can help
Imran Khan and Partners act for clients who have suffered personal injury, death and property loss as a result of these devastating electric scooter and e-bike fires.
