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Speaking & training

Battery-fire training for litigators and claims teams.

Lithium-ion fires are showing up in more files every year, and the technical questions decide the outcome. Energy Forensics Group brings a practical, plain-English session to law firms, subrogation groups, and claims teams — taught by an investigator who designs and builds these systems and investigates their failures.

At a glance
  • 60–90 minutes; CLE or lunch-and-learn format
  • In-person or remote
  • Tailored for attorneys or claims professionals
  • Handouts: checklist & glossary included
  • Q&A and real-scenario walkthroughs

The course

Lithium-Ion Battery Fires: What Litigators & Claims Professionals Need to Know

A one-session primer that turns an intimidating technical subject into working knowledge. Attendees leave able to recognize how these fires happen, protect the evidence that decides a case, spot the liability questions early, and work effectively with a battery-fire expert.

The session is built around real investigative practice, not theory. It uses plain language, annotated examples, and short scenario walkthroughs drawn from the kinds of matters these teams actually see — e-bikes and scooters, power tools, consumer electronics, EVs, and energy-storage systems. It can be delivered as an accredited CLE, a lunch-and-learn, or a claims-team training, and is tailored to a plaintiff/subrogation audience, a defense/product audience, or a mixed room.

Who it's for Subrogation counsel Insurance-defense counsel Claims adjusters & SIU Product-liability teams

Learning objectives

What attendees will be able to do afterward.

Understand the failure

Explain in plain terms how lithium-ion cells fail, what thermal runaway and propagation are, and why these fires behave differently from ordinary fires.

Protect the evidence

Identify what must be preserved in the first hours, how to avoid spoliation, and when to bring in an investigator — the moves that make or break a case.

Spot the liability

Recognize where responsibility tends to sit — cell, pack, charger, aftermarket component, installation — and how that shapes subrogation and defense theories.

Work with the expert

Read an origin-and-cause report critically, ask better questions in deposition, and understand what a defensible investigation requires.

Sample outline · ~90 minutes

Module-by-module agenda

Timing and depth flex to the format — a 60-minute lunch-and-learn trims the scenarios; a half-day workshop expands the hands-on segments. A version weighted toward plaintiff or defense concerns is available on request.

5 min

1 · The landscape

Why lithium-ion fires are surging, where they surface in litigation and claims, and what makes them uniquely challenging to investigate.

Objective: Frame the scope of the problem and the stakes for each attendee's practice.

10 min

2 · How a lithium-ion battery fails

Cells, packs, and the battery-management system in plain English; thermal runaway, venting, and propagation; and the three branches of causation — defect, misuse, and external cause — that the rest of the session works through.

Objective: Give attendees the vocabulary and mental model to reason about causation.

15 min

3 · User error, misuse & foreseeable use

What misuse actually looks like in the field, taught from the manufacturer's side of the industry: overcharging and over-discharging, owners attempting to revive a deeply discharged pack themselves, defeated or bypassed battery-management systems, packs returned to service after damage or a venting event, and storage conditions that turn a stable pack into a hazard. Why a deeply discharged cell can fail well after the misuse that caused it — and what foreseeable misuse means when a manufacturer already knows the behavior is common.

Objective: Equip attendees to test a misuse theory against the evidence rather than accept or dismiss it.

15 min

4 · Reading the scene & the evidence

How origin and cause are established under NFPA 921, what physical evidence survives a battery fire, and why the origin cell is often recoverable.

Objective: Show what a rigorous investigation looks like — and what a weak one misses.

15 min

5 · Evidence preservation & spoliation

The first 72 hours, chain of custody, why damaged cells must be preserved in place by qualified personnel, protecting chargers and accessories, and arranging joint examinations. The highest-leverage segment for most attendees.

Objective: Equip attendees to protect a case from day one and avoid spoliation pitfalls.

15 min

6 · Building or challenging the case

Aftermarket vs. OEM components and the chain of liability; subrogation and product-liability theories; defense strategies; and how to read — and cross-examine on — an expert report.

Objective: Connect the technical findings to legal strategy on both sides.

15 min

7 · Scenario walkthroughs & Q&A

Short, real-world fact patterns worked through as a group, followed by open Q&A tailored to the room's practice areas.

Objective: Cement the material against concrete cases and answer attendees' live questions.

Formats

However your team learns best.

Lunch-and-learn

A focused 60-minute session at your office over lunch — the fastest way to level up a claims or litigation team.

Accredited CLE

A 60–90 minute continuing-education presentation, delivered in-person or remotely, with materials for attendees.

Half-day workshop

An expanded, hands-on format with extended scenario work — ideal for subrogation groups and SIU teams.

Root-cause deep-dive

A technical, evidence-first session on NFPA 921 origin-and-cause methodology — how a lithium-ion failure is traced from the fire scene and cells to a defensible determination.

Also available · 60 minutes

User Error in Lithium-Ion Fires: Misuse, Abuse & Foreseeable Use

A standalone session for teams that already have the fundamentals — and the one topic where the defense and the claim most often collide. It can follow the primer as a second visit, or stand on its own for a group that has already had battery-fire training.

Most training on this subject is taught by investigators who see what is left after the fire. This session is also taught from the other side of the product's life: as Chief Technology Officer of a battery manufacturer, Dustin sees what comes back from the field, what owners do to packs between the sale and the failure, and which of those behaviors a manufacturer already knows to design against. Examples are drawn from general industry observation — no client matters, and no specific incidents.

What it covers

  • Charging behavior. Overcharge and over-discharge, and why an owner's attempt to revive a deeply discharged pack — often to avoid a service cost — is the most dangerous and the hardest to see in the evidence afterward.
  • Defeated protection. What a battery-management system is actually for, what happens when it is bypassed or worked around, and what survives a fire to show that it was.
  • Damaged-pack reuse. Swelling, impact, water exposure, and packs returned to service after a prior venting event.
  • Storage & environment. Heat, state of charge over long idle periods, and where packs are kept relative to combustibles and exits.
  • Foreseeable misuse. The design-side question: what the manufacturer anticipated, warned against, or engineered around — and why that often matters more than whether the owner made a mistake.
  • Where misuse ends and defect begins. How the two are separated in the physical evidence, and what makes that determination defensible.

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Your presenter

Dustin Herte, CFEI

Founder and Principal Investigator of Energy Forensics Group, and Chief Technology Officer of a battery manufacturer.

Dustin brings more than a decade of designing, building, and maintaining lithium-ion battery systems to the investigation of their failures. As a Certified Fire and Explosion Investigator working to NFPA 921, he translates deep technical knowledge into language a courtroom — or a claims team — can use. That combination is exactly what makes the training practical rather than academic.

Full background & credentials

Speaking background

  • Featured in a UW–Whitewater Innovation Center “Restart” speaker interview (2020) following recognition on the Forbes “30 Under 30” list (2021)
  • Interviewed by the Wisconsin Technology Council on lithium‑ion battery technology (2020)
  • Guest lectures on battery innovation and engineering at universities and industry forums (2018–2025)
  • Aerospace Education Instructor, Civil Air Patrol

References from past hosts and attendees are available on request.

Want this session for your team or group?

Tell us your audience, format, and timing — we'll send the outline, references, and available dates.

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