When the lithium-ion battery in an e-scooter or e-bike catches fire, the legal question is usually not whether the owner did something wrong. It is whether the battery, the charger, or the device was defective, and who made and sold it. California law allows an injured person to bring a claim against each business in that chain. Physical evidence usually decides these cases, and it is often lost in the first days, when the burned device is thrown out or handed over.
Who Can Be Responsible
- The manufacturer of the scooter or e-bike, and the maker of the battery pack or charger if that was a different company.
- The importer or distributor. The company that brought the product into the country and put it into stores or online listings is part of the chain.
- The retailer. Strict product liability is not limited to manufacturers. A store or other business that sold the defective product can be responsible, even if it never opened the box.
- A repair shop. A shop that installed a replacement battery, supplied a mismatched charger, or rewired the pack owes ordinary care under Civil Code section 1714(a) and can be responsible if its work caused the fire.
Naming all of them matters. The manufacturer of an inexpensive device may be overseas and hard to bring into a California court, while a U.S. importer or the store that sold it may be easier to reach. If the fire started while you were riding, the issues overlap with other scooter accident claims.
The Defect Theories in Plain English
Under strict product liability you do not have to prove the company was careless. You have to prove the product was defective when it left the company’s hands, that it was being used in a way the company intended or could reasonably foresee, and that the defect was a substantial factor in causing your harm. The three kinds of defect:
- Manufacturing defect. This unit came out different from how it was supposed to be made: a contaminated cell, a bad weld, a pinched wire. The proof is usually inside the pack.
- Design defect. The design itself is unsafe: a battery management system that does not stop overcharging, or a pack mounted where bumps or rain can damage it. California allows two ways to show this: the product did not perform as safely as an ordinary consumer would expect, or the design’s risks outweigh its benefits.
- Failure to warn. The warnings or instructions did not adequately tell users about a risk that was known or knowable when the product was sold, such as which chargers are safe or what to do with a dropped or soaked battery.
Expect the defense to argue misuse: an off-brand charger, a crash, water exposure, or a modified pack, which is why the charger and the device’s history matter as much as the battery.
California’s Battery Certification Law
Since January 1, 2026, Health and Safety Code section 26302 has barred selling, distributing, or leasing an e-bike unless its battery was tested by an accredited laboratory to UL 2849, EN 15194, or another standard the State Fire Marshal adopts. A motorized scooter or other powered mobility device cannot be sold unless its battery was tested to UL 2272, and standalone or replacement batteries, including conversion kit batteries, must meet UL 2271 or the e-bike standards depending on the device. A charger sold for a particular device must be certified for it, and the laboratory’s mark and the standard must be permanently affixed, except on secondhand sales.
Health and Safety Code section 26304 adds a practical tool: the manufacturer, importer, distributor, or retailer must provide the laboratory test report on request.
Three cautions. The law applies to sales and leases on or after January 1, 2026, so an older device may predate it. Rental fleets are treated separately: the rules for companies that rent out e-bikes and scooters, Health and Safety Code section 26303, do not take effect until January 1, 2028. And a certification mark does not prove a battery was safe. Still, a device sold new on or after January 1, 2026 with no mark at all is worth noting, and the test report is worth requesting in writing.
Preserve the Device, Charger, Receipt, and Packaging
The cause of a battery fire is usually determined by examining what is left; if the remains are discarded or handed over, the most important evidence is gone.
- Keep everything: the scooter or e-bike, the battery and any fragments, the charger and cord, and any power strip or extension cord it was plugged into. Photograph the wall outlet, but leave removing it to an electrician or the fire investigator.
- Do not hand it over. Not to the seller, the manufacturer, or their insurers, even if they offer to test or replace it. Once a company has it, you no longer control it. Your own homeowners or renters policy may require you to let your insurer inspect the remains. Allow it, but ask in writing that nothing be removed, tested, or thrown away without notice to everyone involved, so no one can later claim the evidence was altered.
- Keep the paper trail: the receipt or order confirmation, the box, the manual, the serial number label, and screenshots of the listing.
- Photograph the scene before cleanup: where the device was charging, the burn pattern, and the damage.
- Store it safely. Damaged lithium-ion batteries can reignite. Ask the fire department how to store the remains, and do not charge, open, or test the battery.
If fire investigators collect the device, ask who has it and that it be preserved.
Recalls, the Fire Report, and Insurance
Check for recalls. Search the brand and model on cpsc.gov, the Consumer Product Safety Commission’s site, and consider filing a report at SaferProducts.gov. Keep it short and factual: reports go into a public database and the manufacturer is notified. A recall is not required for a claim, but a recall of your model can be important evidence that the problem was known.
Get the fire department report. Ask the responding department for the incident report, any origin and cause findings, and the investigator’s name; their photos are often the only record of the scene.
Use your renters or homeowners insurance. These policies often cover your belongings (and, for homeowners, the house itself) and sometimes extra living expenses if you cannot stay home. Your insurer may pay you and then pursue the manufacturer or seller; your injury claim is separate. If your insurer asks to inspect the device, let it; your policy may require it. Ask in writing that the remains be preserved and any testing coordinated with notice to everyone involved.
The Deadlines
A personal injury or wrongful death lawsuit generally must be filed within two years under Code of Civil Procedure section 335.1. Claims for damage to a home or other property generally have three years under Code of Civil Procedure section 338. The claims are usually presented together, so plan around the two-year date.
Your own homeowners or renters policy has separate, shorter deadlines. Under the standard fire policy in Insurance Code section 2071, a suit against your own insurer generally must be filed within 12 months after the loss, and a sworn proof of loss may be due within 60 days unless the insurer extends the time in writing. Calendar both, and if the insurer is still deciding your claim as the 12-month date nears, get advice before it passes.
What to Do This Week
- Keep the device, battery, charger, receipt, and packaging, and photograph every label and serial number.
- Get the fire department incident number and request the report.
- Write down the charging history: which charger, where, how long, and any warning signs such as swelling, heat, smell, or error codes.
- Notify your renters or homeowners insurer, allow it to inspect the remains, and ask in writing that nothing be tested or discarded without notice to you.
- Get treatment for burns and smoke inhalation and keep the records; our page on burn injuries covers what those claims involve.
About the author. Joshua B. Adelpour is the founder of Not My Fault Law Group, APC, a California personal injury firm based in Woodland Hills. He is licensed by the State Bar of California, Bar No. 318226, and spent nearly a decade defending insurance companies in civil litigation before opening the firm. Call (213) 800-0706 for a free consultation.
This article is general information about California law and is not legal advice. Reading it does not create an attorney client relationship. Every case depends on its own facts. Last updated October 6, 2026.