Illinois Electric Vehicle Product Liability Lawyers

Experienced Injury Attorneys for Defective EVs

Electric vehicles (EVs) are becoming an increasingly common sight on Illinois roads. From battery-powered passenger cars and SUVs to electric pickup trucks and commercial vehicles, advances in automotive technology are changing how people drive. Although electric vehicles offer potential environmental and efficiency benefits, they also introduce complex safety questions involving high-voltage batteries, electronic controls, advanced driver-assistance systems, and vehicle charging equipment.

When a defective electric vehicle or component causes a serious injury, the consequences can be devastating. A battery fire may expose occupants to intense heat and toxic smoke. A defective door handle or restraint system may prevent someone from escaping after a collision. Faulty software, steering components, or braking systems may contribute to a crash that otherwise could have been avoided.

In these situations, an injured person may have grounds to pursue an electric vehicle product liability claim against a manufacturer or another responsible company. These claims differ from ordinary car accident cases because they may require an investigation into the vehicle’s design, manufacturing process, software, warnings, and component systems.

At John J. Malm & Associates, we help injured people understand their legal options after serious accidents. If you or a loved one has been injured because of a potentially defective electric vehicle, battery, charging system, or automotive component, understanding your rights is an important first step toward pursuing compensation.

Electric Vehicle Safety Statistics: Understanding the Risks

Electric vehicles are subject to federal motor vehicle safety requirements, just like gasoline-powered vehicles. However, the technology used in EVs can create distinctive hazards that investigators must consider when a serious injury occurs. Several statistics and safety findings illustrate why vehicle design and component reliability matter:

• Motor vehicle deaths remain a major public safety concern. NHTSA estimated that 39,345 people died in traffic crashes in the United States in 2024. These deaths involved all types of vehicles and road users, not electric vehicles alone.
• Vehicle recalls can involve safety-critical components. NHTSA maintains a public database of recalls involving passenger vehicles, including electric vehicles, batteries, electronic systems, and driver-assistance technology.
• Lithium-ion battery failures can cause serious fires. The National Transportation Safety Board (NTSB) has investigated incidents involving high-energy battery systems and identified challenges associated with battery fires, including the potential for thermal runaway and difficult-to-extinguish fires.
• Vehicle safety depends on multiple interacting systems. Crash protection, braking, steering, restraints, electrical systems, and driver-assistance technology can all affect whether a vehicle defect causes or worsens an injury.

What Is an Electric Vehicle Product Liability Claim?

A product liability claim arises when a defective product causes injury or other legally recognized harm. In an electric vehicle case, the allegedly defective product may be the entire vehicle or an individual component, such as a battery pack, charging connector, power inverter, braking system, or electronic control module. Depending on the facts, a claim may be based on defective design, a manufacturing defect, inadequate warnings or instructions, or another legally recognized theory of liability.

A design defect generally involves a product design that creates an unreasonable safety risk. A manufacturing defect occurs when a particular product or component deviates from its intended specifications. A failure-to-warn claim may arise when a manufacturer does not provide adequate instructions or warnings about a foreseeable danger.

For example, suppose an electric vehicle’s battery pack contains a manufacturing flaw that allows an internal short circuit to develop during ordinary use. If the defect causes a fire that seriously burns the driver, an investigation may examine the battery cells, pack design, quality-control procedures, warning systems, and the manufacturer’s knowledge of similar failures.

A product liability claim is not automatic merely because an EV malfunctions or someone is injured. Evidence must connect the alleged defect to the injury, and the legal requirements depend on the particular claim and applicable law.

Common Types of Electric Vehicle Defects

Electric vehicles combine traditional automotive components with high-voltage electrical and software systems. A failure in any of these areas may create a safety hazard. Common EV defects include:

1. Defective Lithium-Ion Batteries

The high-voltage battery pack is one of the most important components in an electric vehicle. It stores the energy used to power the motor and related systems. Battery packs contain numerous cells, electrical connections, sensors, and protective mechanisms. Potential battery-related defects include:

• Damaged or improperly manufactured battery cells.
• Internal short circuits caused by manufacturing flaws.
• Defective battery management systems.
• Inadequate thermal management or cooling.
• Faulty electrical connections or insulation.
• Improperly designed protection against overheating.
• Defective systems intended to isolate a damaged battery.

A battery defect may lead to overheating, smoke, fire, or thermal runaway. Thermal runaway is a chain reaction in which a battery cell generates heat faster than it can dissipate it, potentially causing neighboring cells to fail.

Battery fires can be particularly challenging because damaged cells may reignite after the initial flames appear to be extinguished. Occupants, firefighters, tow operators, and emergency personnel may face additional hazards during rescue and recovery. A viable product liability case would require evidence that a defect, rather than an unrelated collision, improper repair, external damage, or another cause, contributed to the incident.

2. Defective Braking Systems

Electric vehicles often use regenerative braking, which recovers energy during deceleration, alongside conventional friction brakes. The interaction between these systems depends on vehicle design and electronic controls. A defect involving braking hardware, software, sensors, or control systems may cause unexpected deceleration, insufficient braking, or inconsistent brake response. Potential warning signs include:

• Unexpected changes in braking performance.
• A brake pedal that does not respond as expected.
• Erratic braking behavior.
• Failure of an electronic braking component.
• Defective sensors that provide inaccurate information to vehicle controls.

Investigators must determine whether the problem involved a product defect, driver input, maintenance, road conditions, or another factor.

3. Defective Steering and Acceleration Systems

Electric motors and electronic control systems play a central role in EV operation. Problems involving steering components, throttle controls, power delivery, or electronic sensors can create dangerous conditions.

An alleged unintended-acceleration incident, for example, requires careful examination of driver inputs, vehicle data, software behavior, mechanical components, and other evidence. The fact that a vehicle accelerated unexpectedly does not, by itself, establish a manufacturing or design defect. Similarly, a steering failure may involve a defective component, improper assembly, damaged wiring, or inadequate maintenance. Technical evidence is often essential to determine the cause.

4. Defective Driver-Assistance Technology

Many modern EVs include driver-assistance features such as automatic emergency braking, lane-departure warnings, adaptive cruise control, and collision-warning systems. These features can assist drivers, but they do not necessarily make a vehicle autonomous. Drivers generally remain responsible for supervising the driving task unless a system is specifically designed and legally authorized to operate without that supervision. Potential defects may involve:

• Failure to detect a vehicle, pedestrian, or cyclist.
• Incorrect identification of an obstacle.
• Failure to activate emergency braking when required by the system’s design.
• Unexpected steering corrections.
• Inadequate alerts or warnings about system limitations.
• Software errors following an update.

A claim may require analysis of system specifications, operating conditions, sensor data, software versions, and the warnings provided to the driver.

5. Defective Charging Equipment

EV charging equipment can also be involved in product liability cases. Home chargers, public charging stations, cables, connectors, and electrical components may pose hazards if improperly designed or manufactured.

Potential problems include overheating, electrical shock, damaged connectors, fire, and failures of protective circuitry. The responsible party may depend on whether the problem originated in the vehicle, charging equipment, building wiring, installation work, or maintenance. If an injury occurs while charging an EV, preserving the charger, cables, electrical components, installation records, and available photographs may help determine what happened.

6. Defective Doors, Windows, and Restraint Systems

Electric vehicles must also provide effective occupant protection. Seat belts, airbags, door latches, windows, emergency releases, and structural components remain critical safety features. A defective door latch may fail during a collision. An improperly designed restraint system may increase injury severity. A defective window or release mechanism may complicate an occupant’s escape following a crash or fire. These incidents can lead to burns, fractures, head injuries, spinal cord injuries, smoke inhalation, or wrongful death.

Can an Electric Vehicle Battery Fire Lead to a Product Liability Lawsuit?

Yes, under the right circumstances. An EV battery fire may support a product liability claim when evidence shows that a defect in the battery, vehicle, charging equipment, or another component caused or contributed to the fire and resulting injuries.

The investigation must distinguish a product defect from other possible causes. A fire may follow a severe collision, exposure to external heat, improper charging, unauthorized modification, or physical damage. The cause cannot be assumed from the presence of flames alone. Evidence may include:

• Battery pack and cell examination.
• Fire origin and cause analysis.
• Vehicle event data and diagnostic records.
• Charging equipment and electrical installation records.
• Recall notices and technical service bulletins.
• Prior complaints involving similar components.
• Manufacturer testing and engineering documentation.
• Expert analysis of thermal runaway and electrical failures.

When a fire occurs, safety comes first. Occupants should leave the vehicle if it is safe to do so, move away from the vehicle, and call emergency services. Do not attempt to handle a damaged high-voltage battery or investigate a suspected battery failure yourself. After the scene is safe, preserving the vehicle and related components may be important. An early inspection or disposal of the vehicle can eliminate evidence needed to determine the cause of the fire.

Who Can Be Held Liable for an Electric Vehicle Defect?

Responsibility depends on the source of the defect and the parties involved in designing, manufacturing, distributing, selling, or repairing the product. Potentially responsible parties may include:

• Vehicle manufacturers: Companies responsible for the overall vehicle design, assembly, or integration of safety systems.
• Battery manufacturers: Companies that design or manufacture battery cells, modules, packs, or battery management components.
• Component manufacturers: Companies that produce brakes, sensors, electronic controllers, chargers, connectors, or other parts.
• Software developers or suppliers: Parties whose software may be implicated in a defective vehicle function, subject to the applicable legal theory and facts.
• Distributors and sellers: Businesses that place products into the stream of commerce and may face liability under applicable law.
• Repair shops or installers: Businesses that negligently perform repairs, install defective replacement components, or improperly modify a vehicle or charging system.

In some cases, more than one party may have contributed to the injury. For example, a battery manufacturer may have supplied a defective cell, while the vehicle manufacturer may have incorporated it into an inadequate thermal protection system. An independent repair facility may also be relevant if improper work contributed to the incident. Identifying the proper defendants requires a detailed investigation rather than an assumption that the vehicle brand alone is responsible.

How Do You Prove an Electric Vehicle Was Defective?

Proving an EV product liability claim often requires more than showing that a vehicle malfunctioned. The injured person generally must establish the applicable legal elements, including that a defective or unreasonably dangerous product condition existed and that the condition caused the injury.

A product liability investigation may require automotive engineers, battery specialists, fire investigators, accident reconstruction experts, and other qualified professionals. Their analysis can help determine whether a component failed, whether a safer feasible design was available where relevant, and whether the manufacturer provided adequate warnings. Important evidence may include:

• The vehicle identification number (VIN), make, model, model year, and maintenance history.
• Photographs and videos of the vehicle, charging equipment, and accident scene.
• Police reports, fire department reports, and witness statements.
• Battery diagnostic data, event data recorder information, and available electronic logs.
• Recall notices, manufacturer communications, and technical service bulletins.
• Repair invoices, inspection records, and charging equipment documentation.
• Medical records documenting the injuries and treatment.
• Expert reports identifying the alleged defect and connecting it to the harm.

Vehicle data and software records may be particularly important in cases involving braking, acceleration, steering, or driver-assistance systems. Some information may be overwritten, updated, or become difficult to obtain over time.

Preserving the vehicle and its components is especially important. Do not authorize the destruction, salvage, or substantial alteration of a potentially defective vehicle without considering the need for an expert inspection and appropriate evidence-preservation arrangements. If the vehicle presents a fire or electrical hazard, follow emergency responders’ instructions and prioritize safety.

What Compensation Is Available in an EV Product Liability Case?

A person who suffers a compensable injury because of a defective electric vehicle may be entitled to pursue several categories of damages. The amount depends on the severity of the injuries, the evidence, the applicable law, and the circumstances of the incident. Potential damages may include:

• Medical expenses: Emergency treatment, surgery, hospitalization, rehabilitation, medication, and other necessary care.
• Future medical costs: Anticipated treatment, assistive devices, and long-term rehabilitation when supported by evidence.
• Lost income: Wages lost during recovery and, where established, diminished future earning capacity.
• Pain and suffering: Physical pain and the effects of the injury on daily life.
• Disability and disfigurement: Lasting limitations, scarring, burns, or other permanent changes.
• Emotional distress: Compensable psychological effects where recognized under applicable law.
• Wrongful death damages: Legally recoverable losses when a defective product causes a person’s death.

Serious EV-related injuries may involve extensive burns, respiratory damage, fractures, traumatic brain injuries, spinal cord injuries, or permanent disability. Evaluating a claim requires consideration of both the immediate effects of the incident and its potential long-term consequences.

Illinois Product Liability Law and Electric Vehicle Injury Claims

Illinois law recognizes product liability claims under applicable legal theories, including strict liability and negligence. The precise requirements depend on the facts and the theory pursued. In a strict product liability case, an injured person generally must prove that the injury resulted from a product condition that was unreasonably dangerous and that the condition existed when the product left the defendant’s control. The evidence must also establish the required causal connection between the product condition and the injury.

Illinois also has a comparative fault statute. Under 735 ILCS 5/2-1116, an injured person generally cannot recover under the covered claims if their contributory fault is more than 50% of the proximate cause of the injury. If their fault is 50% or less, recoverable damages are reduced in proportion to their assigned fault.

For example, a manufacturer might argue that a driver ignored a warning, used incompatible charging equipment, or failed to maintain the vehicle. Whether such conduct actually constitutes fault, and how it affects recovery, depends on the evidence and applicable law. A driver’s conduct does not automatically eliminate a product liability claim.

How Long Do You Have to File an EV Product Liability Lawsuit?

Deadlines can be especially important in product liability litigation. Under 735 ILCS 5/13-202, many Illinois personal injury actions generally must be filed within two years after the claim accrues.

Product liability cases can also involve the special provisions of 735 ILCS 5/13-213, including a statute of repose and exceptions that may affect the time available to bring a claim. The applicable rules can be complex, and different claims or circumstances may require separate analysis.

An injured person should not assume that the ordinary two-year deadline is the only relevant time limit. Prompt legal review can help identify deadlines, preserve evidence, and determine which parties may be responsible.

What Should You Do After an Electric Vehicle Product Failure?

If an EV defect may have contributed to an injury, taking appropriate steps after the incident can help protect both your health and your potential claim.

1. Get medical care. Seek emergency treatment when needed and follow medical advice, even if symptoms initially appear manageable.
2. Report the incident. Contact emergency services and law enforcement when appropriate, particularly when the event involves a serious collision, fire, or injury.
3. Preserve evidence. Keep photographs, videos, charging records, repair documents, recall notices, and communications about the incident.
4. Avoid unnecessary repairs or disposal. A vehicle or component may need to be examined by qualified experts before it is altered or destroyed.
5. Check for recalls. Search the NHTSA recall database using the vehicle identification number or relevant product information.
6. Be careful with manufacturer communications. Follow reasonable safety instructions, but consider obtaining legal advice before signing releases or agreeing to arrangements that could affect your rights.
7. Consult an experienced Illinois product liability attorney. An attorney can evaluate potential claims, identify relevant parties, and help arrange appropriate evidence preservation.

A recall is not required for a valid product liability claim, and the absence of a recall does not establish that a vehicle or component was free from defects.

How John J. Malm & Associates Can Help With an EV Product Liability Claim

Electric vehicle injury cases can involve complex engineering questions, large manufacturers, technical documentation, and competing explanations for what caused an incident. Injured individuals and their families may be at a disadvantage when attempting to investigate a sophisticated product failure without legal and technical assistance.

John J. Malm & Associates represents people who have suffered serious injuries because of alleged negligence and defective products. Our firm can evaluate the circumstances of an incident, identify potential sources of liability, and help clients understand their legal options. Depending on the case, an investigation may involve:

• Reviewing the incident and available evidence.
• Identifying potentially responsible manufacturers, distributors, or service providers.
• Preserving the vehicle, component parts, and electronic records.
• Working with appropriate technical experts.
• Evaluating medical expenses, future care, lost income, and other damages.
• Communicating with insurers and opposing counsel.
• Pursuing a negotiated resolution or litigation when appropriate.

Our firm serves injured clients in Naperville, St. Charles, and communities throughout the surrounding Illinois counties. We understand that a serious injury can affect every aspect of a person’s life, and we work to help clients navigate the legal process while they focus on their recovery.

Frequently Asked Questions About Electric Vehicle Product Liability Claims

Can I sue an electric vehicle manufacturer if its battery catches fire?

Potentially. A claim may be available if evidence establishes that a defective battery, battery management system, vehicle design, or related component caused or contributed to the fire and your injuries. A fire alone does not prove a defect, so a technical investigation may be necessary.

Are electric vehicles more dangerous than gas-powered cars?

Not necessarily. Electric and gasoline-powered vehicles have different safety characteristics and potential hazards. Available national traffic fatality statistics cover many vehicle types and do not, by themselves, establish that EVs are more dangerous. Each incident must be evaluated based on the facts and applicable safety evidence.

Who is responsible if an electric vehicle’s software causes a crash?

Potential responsibility depends on the system involved, the alleged defect, the warnings provided, and the evidence connecting the software to the collision. A claim might involve a vehicle manufacturer, a component supplier, or another responsible party. Not every software malfunction establishes legal liability.

Can I bring a claim if my electric vehicle was not recalled?

Yes, potentially. A recall is not a prerequisite for a product liability lawsuit. Evidence from the vehicle, expert analysis, engineering records, and similar incidents may help establish a defect even when no recall has been announced.

What if I was partially responsible for the accident?

You may still be able to recover compensation under Illinois law, depending on the degree of your fault and the facts of the case. Under the state’s modified comparative fault rule, recovery under covered claims is generally barred when your share of fault exceeds 50%; otherwise, damages are reduced according to your share of fault.

What if a defective EV caused a fatal injury?

When a defective electric vehicle or component causes a death, eligible family members or representatives may have grounds to pursue a wrongful death or related claim under Illinois law. The appropriate claims and parties depend on the circumstances and the applicable statutes.

How much is an electric vehicle product liability case worth?

There is no standard settlement amount. Value depends on factors such as injury severity, medical costs, future care, lost income, permanent disability, available evidence, liability, and applicable insurance or other sources of recovery. Any estimate should be based on the specific facts rather than a general average.

How long does an electric vehicle product liability case take?

The timeline varies. Cases requiring extensive technical testing, expert testimony, multiple defendants, or litigation may take substantially longer than cases resolved through early negotiations. Preserving evidence and identifying the cause of the incident promptly can be important to the process.

Contact the 5-Star Rated Illinois Product Liability Attorneys at John J. Malm & Associates About an Electric Vehicle Injury

Electric vehicles rely on sophisticated technology, but advanced engineering does not eliminate the responsibility to design, manufacture, and market reasonably safe products. When a defective battery, braking system, software feature, charging component, or other vehicle part causes a serious injury, the consequences can include permanent disability, extensive medical treatment, financial hardship, and profound disruption to family life.

If you or a loved one has been injured in an electric vehicle accident involving a suspected product defect, the Illinois defective product attorneys at John J. Malm & Associates can review the circumstances, explain your legal options, and help you understand the next steps. Contact our firm for a free consultation to discuss your potential electric vehicle product liability claim and learn how we may be able to help you pursue the compensation available under Illinois law.