Lawyers are now pursing financial compensation for families of children diagnosed with Type II diabetes, fatty liver disease and other chronic illnesses caused by addictive and harmful substances in ultra-processed foods.
Anthony Desparrois of Illinois filed a complaint (PDF) in the U.S. District for the Northern District of Illinois earlier this month, alleging that Chervon North America, Inc., the manufacturer of SKIL equipment, is liable for damages that he and others received as a result of the company's defective batteries.
The lawsuit claims that the manufacturer marketed the lithium-ion batteries in their products as safe, despite the risk of overheating and exploding, which could result in property damage or injuries to users and those nearby.
Desparrois argues that other manufacturers have successfully produced non-defective lithium-ion batteries for similar applications as those intended for SKIL products, demonstrating that Chervon had the capability to do the same but failed to meet this standard.
"The Products are not fit for their intended use by humans as they expose consumers to a fire hazard," the lawsuit states. "Plaintiff is further entitled to damages for the injury sustained in being exposed to such danger, damages related to Defendant's conduct, and injunctive relief."
Desparrois' lawsuit raises allegations of unjust enrichment, breach of express warranty, breach of implied warranty, breach of the implied warranty of merchantability, fraudulent concealment, failure to warn, design defect and negligence, seeking compensatory, statutory and punitive damages on behalf of himself and others similarly situated.
Lithium-ion batteries have been involved in numerous recalls in recent years. In October 2024, the CPSC issued a recall of certain lithium-ion battery chargers sold on Amazon.com, due to their risk of thermal runaway, which can cause property damage, severe injuries or death.
The CPSC also warned consumers to stop using universal lithium-ion e-bike and e-scooter chargers in September 2024, after federal regulators became aware of at least 156 reports of fires and overheating incidents.
Issues with lithium-ion batteries have also been connected to electronic cigarette and vape products overheating and exploding, which can lead to fires, severe burns and even deaths. These issues are often tied to low-quality devices or products that have been modified beyond their original design.