Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 51
3.
sold through online marketplaces. Determining the
appropriate point of liability, whether that lies with
the manufacturer, importer, retailer, or assembler,
becomes a complex and often uncertain exercise.
3.
DACB’s recent experience demonstrates that
prompt supply chain tracing, including for online
purchases, frequently uncovers recoverable targets,
especially where CE or UKCA compliance has been
presented inaccurately.
Unregulated or non-compliant products
A substantial proportion of e-bike batteries and
chargers sold online fail to meet UK safety standards,
with many being defective, incorrectly labelled or
altered by third-party repair shops, which in turn
makes recovery e昀昀orts signi昀椀cantly more di昀케cult
for insurers.
4.
4.
Multiple potential defendants
Despite the challenges, lithium battery 昀椀res often
present real recovery potential for insurers. But
speed is crucial.
What insurers can do now
With lithium battery 昀椀re claims increasing each year,
insurers can strengthen their response by setting
clear underwriting guidance for high-risk items
such as e-bikes, scooters and battery storage units;
providing policyholders with accessible information
on safe charging and storage; implementing
de昀椀ned procedures for early site attendance that
include asking about battery-powered devices at
昀椀rst noti昀椀cation of loss; establishing expert panels
with proven experience in lithium battery causation
and supply-chain analysis; and working closely with
legal teams so that evidence is preserved promptly
and recovery prospects are assessed at the earliest
possible stage.
Policy wording: coverage questions
are increasing
Insurers are also seeing a rise in policy-wording
questions as lithium battery incidents become more
common, particularly around whether modi昀椀ed,
repaired or third-party batteries fall within cover,
whether overnight or improper charging amounts to
misuse, and whether endorsements impose speci昀椀c
duties for e-bikes, scooters or battery-storage units.
Issues can also arise when 昀椀res appear sudden and
accidental, but stem from a gradual fault within the
battery or its components. These uncertainties mean
coverage positions can become contentious, so early
reservation of rights and prompt, well-instructed
expert evidence remain essential tools for insurers
navigating this evolving risk.
Conclusion
Lithium battery 昀椀res are no longer rare anomalies;
they are now a mainstream source of signi昀椀cant
loss for UK insurers. The viral video of a dog
accidentally igniting a battery power bank is a
reminder of just how easily these incidents can occur
in ordinary homes. For insurers, the challenge is
twofold: navigating increasingly complex questions
around coverage and causation and acting quickly
enough to secure evidence that may support
a recovery. As these claims continue to rise in
both volume and complexity, early engagement,
structured investigation, and clear legal strategy
will be essential to managing indemnity spend and
maintaining policyholder safety.
Recovery: a critical opportunity if action
is taken quickly
Recovery remains a critical opportunity for insurers,
but only when action is taken quickly.
Early evidence preservation
Although lithium battery 昀椀res can destroy the battery
itself and much of the surrounding evidence, early
steps signi昀椀cantly improve subrogation prospects.
Prompt site attendance and preservation of any
remaining debris can make the di昀昀erence between
identifying a manufacturing defect and losing the
chance entirely.
2.
Consumer-protection legislation
Even where evidence is partially compromised,
consumer-protection legislation such as the
Consumer Protection Act 1987 provides insurers
with powerful strict-liability routes against
manufacturers, importers, or distributors.
Claims can quickly become multi-party disputes,
potentially involving the battery manufacturer, the
charger supplier, the device or e-bike brand, the
retailer, the repair technician, or even landlords
and tenants where charging took place in communal
areas. Early legal review is therefore essential to
identify viable recovery targets before evidence is
lost or parties become unreachable.
1.
Supply-chain tracing
Joint expert instruction
Early joint expert instruction with potential
defendants also streamlines the investigation, avoids
duplicated examinations, and strengthens any
future recovery action.
EXPERT WITNESS JOURNAL
49
APRIL 2026
