Samuel G. Sudler, III, Principal Electrical Engineer with S-E-A, Michael J. Steinlage and Nick Rauch, both Partners with Larson King, LLP gave an insightful presentation at the March 2026 Spring Membership Meeting on lithium-ion battery claims. In recent years, the transportation and product markets have been flooded with claims involving the combustion of lithium-ion battery products or lithium-ion battery cells. While the technology is not new, the growth is exponential. Defense of these claims requires a specific and detailed understanding of the science behind lithium-ion battery claims, the applicable regulations and codes, and how these claims can be evaluated. A replay of this presentation is available to members through the AIRROC On Demand platform.
Sam Sudler, a forensic expert that specializes in failure analysis of electrical components and systems principally with battery and energy storage, kicked off the presentation. Sam provided a deep dive on the science behind lithium-ion batteries and how these systems operate, as well as the applicable regulations and codes. He explained the common electrical faults and malfunctions, as well as possible failure modes.
Nick Rauch focuses his practice in the areas of transportation and logistics, products liability, oil, gas, and energy defense. He discussed best practices in the defense of these claims and some of the coverage issues that occur.
Below are some of the key takeaways from Nick’s presentation:
- The type of combustion matters. During the investigation phase, determining how the incident occurred is important such as whether the battery overheated, was it overcharged, was it impaled, how was it stored, how was it charged. All of these details assist the expert in determining the most likely cause and enable the ruling out of other factors.
- Where did the battery come from and how did it get here. Because these batteries are so wide spread and can be retrofitted to other components, or products, tracking down where they came from is key.
- What needs to be preserved? Not only is the battery itself important but also recreating what happened is important. Counsel must be prepared to encounter unique preservation issues and overseas supplier difficulties. Securing the charging station, the packaging, the sales information, the customer information, and outlet component parts aid in developing strategies to defend against these claims.
- Plaintiffs law firms are good at sharing information and over the last few years have been focused on suing one defendant, one culpable party. The days of suing everyone under the sun are over. The trend is to keep it simple and avoid having multiple defense counsel picking apart plaintiff’s claim. Defense counsel is left with the decision to identify and bring in third parties.
- Defending the product manufacturer requires you to defend the process and the product. Find a corporate representative that can testify how the product was developed, how it complies with industry standards and how their company’s actions meet the required compliance measures. Telling a compelling corporate story is key in defending against these claims.
