The past few years have seen an explosion of growth in the use of electric bikes or E-bikes – bicycles that run on an electric motor powered by a battery – in New York City. This surge is fueled, in part, by increased demand for local delivery services created by COVID-19-related stay-at-home policies. Even though such policies have been lifted, it is clear that e-bikes will remain a fixture of crowded New York City streets for the foreseeable future. The proliferation of the use of E-bikes is also leading to an increase in accidents involving pedestrians and other motor vehicles. However, E-bikes also present other potential dangers, including fires. With this ever-changing landscape of motor vehicle traffic, if you are involved in an accident involving an E-bike, it is important to consult with an experienced accident attorney.
Batteries from Electric Bikes Caused Fires, Injuries, and Deaths
According to a recent article in the New York Times, in 2022, batteries from E-bikes caused 216 fires resulting in 147 injuries and six deaths. According to the New York City Fire Department, in just the first two months of this year alone, there have already been 30 fires resulting in 40 injuries and 2 deaths. Experts state that much of the danger comes from the use of off-market, refurbished, or damaged batteries, which not only present a fire risk, the fires that they cause are extremely difficult to extinguish. This is because a chemical reaction inside of the battery can spark a “thermal runway,” in which the lithium-ion cell enters a “volatile, self-heating state.” When it heats up and sparks a fire, the Fire Department has even warned against using fire extinguishers or water to try to put it out, as these standard fire-fighting tools are ineffective and can make the situation worse. In fact, the Fire Department has publicly implored e-bike battery manufacturers to redesign the batteries so that when they fail, the fires can more easily be put out.
New York City Council Voted to Ban the Sale of Electric Bikes
Less than two years after the New York City Council voted to legalize the use of E-bikes on New York City streets, the Council members have now passed legislation banning the sale of E-bikes unless their lithium-ion batteries are certified as meeting the standards set out in UL 2849.
While such local legislative measures are a good first step, they do not do anything to assist the many New Yorkers who have already suffered serious physical injuries or worse due to a e-bike battery fire. For these people, one of the only potentially available remedies for justice and/or recovery is bringing a personal injury lawsuit in the New York courts. While the e-bike owner would be an obvious defendant in such a lawsuit, the reality is that is far from certain that such person would have sufficient financial resources or insurance coverage to make the injured person whole. Although it will depend heavily upon the facts of the particular case, other potential defendants could include the building’s owner and management, especially if they had reason to believe that potentially dangerous e-bike batteries were in use on their property. They also could be held liable if, for example, they failed to comply with applicable fire code regulations or otherwise allowed conditions to exist on their property that worsened or contributed to the fire and/or the injured victim’s injuries and damages. There also could be a potential strict products liability claim against the manufacturer, distributers and retailers who marketed and sold the e-bike and/or its battery in an unreasonably safe condition.
Are You a Victim of an Electric Bike Accident?
If you or someone close to you has been the victim of an e-bike fire or any other incident that resulted in serious physical injuries, it is highly recommended that you consult with an experienced personal injury attorney, like the Grandelli & Eskenasi, as soon as possible to figure out if you have a potential case before the statute of limitations for bringing a lawsuit expires. Contact us today.
