Lithium Battery Fires: Your Right to Compensation in Victoria

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Lithium-ion batteries power our lives. They’re in phones, e-scooters, laptops, tools, and even some vehicles we drive. But when they fail, the results can be catastrophic. These compact energy sources can overheat, explode or ignite without warning, causing serious injury, property loss and emotional trauma.

For those impacted, the road to recovery can be long and expensive. But under Victorian and federal law, you may have a right to compensation. If you’ve been harmed by a lithium battery fire, it’s important to understand your legal options and how Carbone Lawyers can help you get the outcome you deserve.

Risks behind everyday power sources

Lithium-ion batteries are in almost all electronic devices that do not require connection to a direct power outlet for operation. Their popularity comes from their ability to store large amounts of energy in a compact form. But this strength is also their risk. When something goes wrong, these batteries don’t fail quietly.

One of the most dangerous scenarios is thermal runaway, which is a chain reaction inside the battery that causes extreme heat and fire. This can happen due to:

  • Poor manufacturing or defects in the battery’s construction
  • Faulty or unsafe designs that lack proper safety measures
  • Charging with incompatible or uncertified devices
  • Physical damage such as drops or crushing
  • Cheap or counterfeit products that lack essential safeguards


A defective lithium battery isn’t just a product liability issue and defective good. It’s a serious safety risk that may entitle you to legal recourse if it causes harm.

Injuries, property loss and emotional trauma

When a lithium battery fails, the consequences can be immediate and devastating.

  • Burns are the most common injuries. These fires burn hotter than many household materials and can cause deep tissue damage. Victims may need skin grafts, surgery and long-term rehabilitation.
  • Shrapnel wounds can occur when the battery explodes, sending fragments of metal or casing through the air. These can result in scarring, eye injuries or permanent disability.
  • Inhalation injuries are a concern as well. Lithium fires release toxic fumes that can damage the lungs and airways.
  • Psychological trauma is also common. Sudden fires and explosions can trigger post-traumatic stress, anxiety and sleep disorders.


Property damage can be extensive. A single battery failure has the potential to destroy a home, garage, vehicle or business. The loss of personal items, especially those with sentimental value, can be particularly distressing.

Who’s responsible when a battery causes harm?

Under Australian Consumer Law, manufacturers, distributors and retailers are required to ensure the safety of their products. If a lithium-ion battery causes injury or damage due to a defect, the parties involved may be legally responsible. 

There are three main ways a product may be found defective:

  • Manufacturing defect – where something went wrong during production
  • Design defect – where the product is unsafe by design, even if made correctly
  • Failure to warn – where proper usage instructions or risk warnings are missing


In Victoria, product liability claims operate partially under a strict liability regime. That means you do not need to prove negligence, only that the product was defective and directly caused your injury. However, legal time limits apply, which include that the claim must be brought within three years from the date of injury. 

Compensation for the losses you’ve suffered

If a lithium battery fire has affected your health, home or livelihood, you may be entitled to compensation for:

  • Medical expenses – hospital care, surgeries, medications and rehabilitation
  • Loss of income – wages lost due to time off or reduced capacity to work
  • Pain and suffering – compensation for physical pain and emotional distress
  • Property damage – costs to repair or replace damaged belongings or premises
  • Attendant care – costs associated with family members or friends caring for the injured person or dependents of the injured person 
  • Exemplary and/or aggravated damages – in extreme cases, additional damages may be awarded to penalise the responsible party


Carbone Lawyers works on a No Win, No Fee basis. This means you won’t be charged legal fees unless we win your case. We remove the financial risk so you can focus on your recovery.

Experts in product and injury law

Carbone Lawyers has been helping Victorians recover compensation for personal injury and defective product claims for decades. We are one of the most experienced legal teams in this field, with a strong record in both negotiation and litigation. 

Our team will:

  • Investigate how the battery failed
  • Engage independent fire and product safety experts
  • Collect evidence to strengthen your case
  • Negotiate with insurers and manufacturers
  • Represent you in court if necessary


With a team that understands the law, and the impact these incidents have on your life, we’re here to guide you through every step. To speak with one of our expert product liability lawyers, start your claim or call us on 1800 368 888 today.

Protect your rights and strengthen your case

Acting quickly after a battery fire can protect your right to claim. Here’s what to do:

  • Seek medical treatment and request a detailed report from your doctor
  • Preserve all physical evidence, including the battery, device, charger and any packaging
  • Photograph the scene, your injuries, and any property damage
  • Record expenses including lost wages, repair costs and medical bills
  • Do not accept compensation offers or sign any documents without legal advice
  • Speak with Carbone Lawyers as early as possible to get expert guidance


The sooner you begin the legal process, the more effectively we can help you secure the outcome you deserve.

Contact Carbone Lawyers today

Even the most trusted devices can become dangerous in an instant. But if you’ve suffered due to a lithium-ion battery fire, you don’t need to carry the burden alone.Victorian and federal laws protect your right to safety, and compensation when that safety is violated. Carbone Lawyers understand the emotional and financial toll of unexpected injury. Contact us to hold those responsible accountable and get you the support you need to move forward.

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