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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Battery Fire and Electrical Product Claims

England & WalesLast reviewed 18 September 2026

If a battery, charger or electrical appliance caught fire, exploded or gave you an electric shock, you may claim against its producer or importer if it was defective, without proving negligence. Preserving the product, packaging and any fire investigation report is critical evidence.

Common Products and Injuries

Claims commonly involve lithium-ion batteries in e-bikes, e-scooters, vapes and phones, chargers, extension leads, heaters and kitchen appliances. Injuries include burns, smoke inhalation, and injuries from explosions or electric shock, and fires can also cause serious property damage and death.

Proving a Defect

Direct Answer: You must show the product was defective, meaning less safe than people are entitled to expect, and that the defect caused the fire or injury. Expert forensic examination of the item and the scene is normally required.

Defendants often argue misuse, such as unsuitable chargers, overcharging, modification or damage. For imported, marketplace or counterfeit goods, identifying an importer or producer that can be sued in the UK may be difficult, which is why sellers' details and how you bought it matter.

Evidence to Keep

Steps that protect a claim:

  • Do not throw away the item or its remains, and photograph the scene before cleaning
  • Keep the charger, packaging, manual and proof of purchase, including the seller's details
  • Obtain the fire service incident report and any insurer investigation report
  • Keep medical records for burns and smoke inhalation
  • Check the government product safety alerts and recalls list for the product

Frequently Asked Questions

Can I claim if my e-bike battery caught fire?

Potentially, if the battery or charger was defective and caused the fire, against the producer, own-brander or importer. Misuse or non-standard chargers will be raised by the defence, so expert evidence is key.

What if I bought it online from overseas?

It can be harder to identify a UK defendant. Note the seller, marketplace and payment details, and take advice on who may be liable, including any UK importer.

Do I need to keep the burnt item?

Yes. It is the main evidence, and disposing of it can undermine the claim. If it has been taken by the fire service or insurer, ask that it be preserved.

Can I claim for property damage as well as injury?

Property damage can be claimed under the Consumer Protection Act 1987, subject to conditions such as a minimum value, and through your home insurer, who may then pursue the producer.

What if the product was recalled?

A recall is strong evidence of a safety problem, but you must still show the defect caused your loss. Keep the recall notice.

Do I have to prove the manufacturer was negligent?

Not under the Consumer Protection Act 1987. The producer is strictly liable if a defect in the product caused your injury, so you must prove the defect and that it caused the damage, rather than showing careless conduct. A negligence claim remains possible alongside it.

How long do I have to bring a defective product claim?

Three years from the date of the damage or, if later, when you first knew of it and that the product was defective. There is also a ten-year long-stop from when the producer put the product into circulation, after which the right to claim against them is extinguished even if you were injured only recently. Keep the product, packaging and receipts.

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More guides on this topic

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.11A (actions in respect of defective products)

    Three years from damage or date of knowledge, but the right to sue a producer is extinguished ten years after the product was put into circulation, even if injury only appears later.

  7. Consumer Protection Act 1987, Part I (product liability)

    A producer, own-brander or importer is strictly liable, without proof of negligence, for damage caused wholly or partly by a defect in a product. A product is defective if its safety is not such as persons generally are entitled to expect. Defences include the state of scientific and technical knowledge at the time (s.4(1)(e)).

  8. General Product Safety Regulations 2005 (SI 2005/1803)

    Requires consumer products placed on the market to be safe and requires producers and distributors to take action, including recalls, where a product is found to be dangerous.

  9. GOV.UK — Product safety alerts, reports and recalls

    Official list of product safety alerts and recalls, useful for checking whether a product was already known to be dangerous.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.