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Reviewed by Jason Pajounia. Associate Attorney at Deldar

Since January 1, 2026, California has required something many e-bike sellers skipped for years: proof that the battery is safe. Under Senate Bill 1271, no one may distribute, sell, lease, or offer for sale or lease an e-bike or powered mobility device in California unless an accredited laboratory has tested its storage battery against a specified safety standard.  

The legislature had good reason to act. Lithium-ion battery fires have burned riders, destroyed homes, and spread through apartment buildings, often hurting people who never owned or touched the device that started the fire. 

If a battery fire injured you or someone you love, you may have the right to hold the companies behind that product responsible. Below, you will find how California product liability law applies to e-bike battery fires, what you can do right now to protect a potential claim, and when to speak with a lawyer. 

Why E-Bike Batteries Catch Fire 

Most e-bikes run on a pack made of many small lithium-ion cells. When one cell fails, it can overheat and set off the cells around it, a chain reaction known as thermal runaway. These fires burn hot, spread fast, and are very hard to put out. 

Federal safety data shows how serious the problem has become. Over the five years from 2019 through 2023, the Consumer Product Safety Commission (CPSC) counted 227 incidents involving fires, explosions, gas releases, burns, overheating, and smoke inhalation linked to micromobility batteries, with 90 of those incidents tied to 39 deaths and 181 injuries. Fires alone made up 86 percent of the incidents and every one of the 39 deaths.  

Here is the number that surprises many people. CPSC identified 120 incidents of thermal runaway during normal charging, which resulted in 18 deaths and 102 injuries.  

Many people assume a battery fire means the owner did something wrong. The data tells a different story. 

Fires can also start when no one is riding or charging at all. In a 2026 warning about one manufacturer’s e-bike batteries, CPSC reported that some fires occurred while the battery was not charging, the bike was not in use, and the product sat in storage.  

Apartment Fires and Injured Neighbors 

E-bike fires often harm people who had no connection to the product. A CPSC commissioner observed that many victims never used the devices themselves, including apartment residents who died in fires that began with an e-bike in a nearby unit. 

You do not need to have bought the e-bike to have a claim. California’s jury instruction commentary explains that strict liability does not depend on a contract between the buyer and the seller, and that bystanders should receive even greater protection than users when injury to them is reasonably foreseeable.  

If a neighbor’s battery started the fire that burned you or destroyed your home, you may have a claim against the companies that made and sold that battery. 

How California Product Liability Law Works 

California gives injured people a strong legal framework called strict liability. Under strict liability, you do not have to prove that a company acted carelessly. The question becomes whether the product was defective and whether that defect caused your injury. You still carry the burden of proving both of those points, and that is where evidence and expert analysis become critical. 

California recognizes three types of defects for strict liability: manufacturing defects, design defects, and inadequate warnings or failures to warn. The examples in the right column below illustrate how each theory might apply. Every case depends on its own facts.

Defect Type What It Means How It Might Apply to an E-Bike Battery 
Manufacturing defect The specific product came out different from its intended design A flaw introduced during production of a particular cell or pack 
Design defect The design itself creates an unreasonable danger A pack that lacks adequate protection against overheating or water entry 
Failure to warn The instructions or warnings were missing or inadequate No clear warning about charging practices or storage risks 

For design defect claims, California courts apply two tests: the consumer expectations test and the risk/benefit test. In plain terms, the first asks whether the product performed as safely as an ordinary consumer would expect. The second weighs the dangers of the design against its benefits.

Manufacturers often push back. They may argue that the owner modified the bike, used an incompatible charger, or misused the product. Those defenses can reduce or defeat a claim, which is why a careful investigation matters from the start. 

Who May Be Responsible for a Battery Fire 

California law reaches beyond the brand name on the frame. A manufacturer, distributor, or retailer may be liable when a defect in its product causes injury during reasonably foreseeable use. Depending on the facts, potentially responsible parties may include:  

  • The e-bike manufacturer 
  • The company that made the battery pack or the individual cells 
  • The charger manufacturer 
  • The importer or distributor 
  • The store that sold the bike or battery 
  • An online marketplace, depending on its role in the sale 

What About Batteries Bought Online? 

Many low-cost e-bikes and replacement batteries reach California buyers through online marketplaces. A 2020 California appellate decision addressed this situation directly. In Bolger v. Amazon.com, LLC, a buyer suffered injuries from a replacement laptop battery bought on Amazon’s website that later exploded. The Court of Appeal concluded that Amazon had placed itself in the chain of distribution by taking possession of the battery, storing it, listing it for sale, accepting payment, and shipping it to the buyer.  

That decision turned on Amazon’s specific role in that transaction. A different platform, or a different sales arrangement, may lead to a different result. An attorney can look at how your product reached you and who handled it along the way. 

What SB 1271 Means for Your Claim 

California’s new certification law gives buyers a clearer way to check battery safety. E-bike batteries that an accredited laboratory has not tested and certified to a standard such as UL 2849 or EN 15194 cannot be distributed, sold, leased, or offered for sale or lease in California starting January 1, 2026. Batteries that an accredited laboratory has not tested and certified to standards such as UL 2849, UL 2271, or EN 15194 cannot be sold, leased, or rented in California starting January 1, 2026. The bill also calls for the testing lab’s name, logo, or label and the applicable standard to appear on the device. 

The law has limits. It targets new sales, not people who already own e-bikes.  

If someone sold you an uncertified battery in California after January 1, 2026, that fact may become an important piece of evidence. It does not decide a case on its own. If you bought your bike before 2026, you may still have a claim, because California’s product liability law existed long before SB 1271. 

Burn Injuries From Battery Fires 

According to CPSC, smoke inhalation and burns are the main causes of death and injury in micromobility product fires.  

Serious burns can change a person’s life. Treatment may involve hospital stays, wound care, skin grafts, physical therapy, and long-term care for scarring. Smoke exposure can cause breathing problems that do not always show up right away. The emotional toll is real too, especially after losing a home or watching a loved one suffer. 

Depending on the facts of your case, compensation in a product liability claim may include: 

  • Medical expenses, past and future 
  • Lost income and reduced ability to earn 
  • Pain, suffering, and emotional distress 
  • Scarring and disfigurement 
  • Property damage, including your home, belongings, and the bike itself 
  • Wrongful death damages for families who lost a loved one 

Burn injuries often cost far more over time than anyone expects in the first weeks. 

Do not let anyone rush you into a settlement before you understand the full cost of your recovery. 

What to Do After an E-Bike Battery Fire 

Your health comes first. Once you and your family are safe, these steps can help protect your rights: 

  • Get medical care right away, even if your injuries seem minor. Keep every record and bill. 
  • Keep the battery, bike, and charger, even if they are charred or melted. This is often the single most important evidence in the case. 
  • Save the packaging, manuals, and labels, including any certification marks or the lack of them. 
  • Gather purchase records, such as receipts, order confirmations, screenshots of the product listing, and the seller’s name. 
  • Photograph everything: the fire scene, the damaged property, the device, and your injuries as they heal. 
  • Request the fire department’s incident report. 
  • Write down what happened while your memory is fresh. Note where the battery was, whether it was charging, how long it had been plugged in, and what you saw, heard, or smelled. 
  • Check for recalls on the CPSC website using the brand and model number. 

Be Careful With Manufacturers and Insurers 

After a fire, a manufacturer, seller, or insurance company may contact you. They may ask for a recorded statement or offer to “inspect” the battery by having you ship it to them. 

Talk to an attorney before you hand over the battery or answer detailed questions. 

Fire destroys much of the physical proof. What remains, including the cells, wiring, and battery management components, may allow qualified experts to determine what went wrong. Once that evidence leaves your control, you may not get it back in the same condition. 

California Deadlines Apply 

California law limits how long you have to file a claim. Code of Civil Procedure section 335.1 generally gives you two years from the date of injury to file a personal injury lawsuit, while section 338, subdivision (c)(1), generally gives you three years for damage to personal property. 

Those are general rules, and exceptions exist. Some can extend the deadline, such as rules for injured children, and others can shorten your time dramatically. For example, before suing a public entity, you must present a written claim, and for personal injury or property damage that period is six months from when the claim arose.  

Your exact deadline depends on your facts. An attorney can identify it for you. 

Talk With a Product Liability and Burn Injury Attorney 

E-bike battery cases often involve overseas manufacturers, multiple sellers, online platforms, and technical questions that require expert analysis. You should not have to sort through all of that while you heal. 

Our firm handles product liability and burn injury claims in California. We can review what happened, explain how the law may apply to your situation, and help you understand your options. Your consultation is free, and you are under no obligation to move forward. 

If a lithium-ion battery fire has hurt you or your family, reach out to us today. The sooner you act, the better your chance of preserving the evidence your claim may depend on. 

This article provides general information about California law and does not constitute legal advice. Every case is different. Reading this article does not create an attorney-client relationship.