James B. Zouras
BENTON, ILLINOIS - The makers of certain lithium ion power banks have been hit with a class action lawsuit, asserting they are selling dangerous products which can spontaneously ignite or explode, allegedly even under normal use and conditions.
The lawsuit was filed against defendants INIU International Corp. and Shenzhen Topstar Industry Corp. on Feb. 3 in Southern Illinois District federal court.
INIU is based in Ontario, Canada, while Topstar is headquartered in Shenzhen, China.
The lawsuit was filed by attorneys with the firm of Stephan Zouras, of Chicago, on behalf of named plaintiff Gregory Steinsultz, of Carterville.
However, the plaintiffs are seeking to expand the action to include potentially many thousands of others in Illinois and throughout the U.S. who may have purchased millions of allegedly potentially defective and dangerous power banks manufactured and sold by the companies on Amazon and elsewhere.
The lawsuit does not name Amazon or any other retailers as defendants.
According to the lawsuit, Steinsultz purchased a model BI-B43 compact power bank from Amazon for about $30.
Such power banks are typically used by consumers and others to provide an external source of battery power for mobile phones and other devices, to prevent them from running out of charge while on the go.
They are typically small and thin enough to fit in the pockets of coats or pants, or easily stored in backpacks, purses and other bags, enabling phones and other devices to be charged anywhere.
However, in recent years, the power banks, which are themselves powered by lithium ion rechargeable batteries, have become the subject of recalls and other advisories concerning their safety, as many of the devices have ignited or exploded, causing fires and other damage and injuries.
Airlines, for instance, have increasingly restricted their use on flights, particularly focused on prohibiting them from being stored in overhead bins or used while in bags, to ensure they remain visible at all times and reduce the fire risk.
The restrictions were born out of a desire to prevent fires, such as those that have damaged airliners, including while in flight.
In this case, Steinsultz claims his power bank was stored in his automobile when it ignited and caused a fire that damaged his vehicle.
A few weeks later, according to the complaint, the companies recalled a number of models of their line of power bank products. But that recall did not include the model Steinsultz alleges caught fire in his car.
In the lawsuit, the plaintiffs assert the companies should be made to pay for allegedly marketing the power banks as "safe and effective for their intended use," when the products actually allegedly suffer from dangers of overheating, combustion and explosions.
The plaintiffs' lawsuit claims this alleged conduct by the companies amounts to fraud, deceptive marketing and violations of Illinois consumer protection laws, among other counts.
They are asking the court to certify two classes of plaintiffs: A nationwide class of plaintiffs who purchased the allegedly dangerous products and an additional class of Illinois purchasers.
Plaintiffs are seeking unspecified compensatory, statutory and punitive damages, plus attorney fees.
They are represented by attorneys James B. Zouras, Ryan F. Stephan, Andrew C. Ficzko and
Gillian C. Kimmons, of the Stephan Zouras firm.
