Chervon lithium-ion batteries can catch fire, class action claims

Chervon class action lawsuit overview: 

• Who: Anthony Desparrois filed a class action lawsuit against Chervon North America Inc.
• Why: Desparrois claims Chervon sold lithium-ion batteries that can catch fire. 
• Where: The class action lawsuit was filed in Illinois federal court. 

Outdoor power equipment company Chervon North America sold lithium-ion batteries that can catch fire, a new class action lawsuit alleges. 

Plaintiff Anthony Desparrois’ class action lawsuit claims certain Chervon Skil Pwrcore 40 Lithium 5.0Ah 40V Batteries manufactured before May 1, 2021, contain a defect that causes them to heat up and catch fire. 

Desparrois argues Chervon, despite allegedly knowing about the fire risk, falsely represented the batteries were safe and effective for their intended use.

“Plaintiff purchased the product, while lacking the knowledge that product could catch fire, thus causing serious harm to those who use such products,” the Chervon class action says. 

Desparrois wants to represent a nationwide class and Illinois subclass of consumers who purchased the Skil Pwrcore 40 Lithium 5.0Ah 40V Batteries within the applicable statute of limitations. 

Chervon could have made non-defective batteries, class action claims

Desparrois argues other manufacturers are able to formulate, produce and sell non-defective batteries, proving the inherent fire risk with Chervon’s batteries is demonstrably avoidable.

“Feasible alternative formulations, designs and materials are currently available and were available to defendant at the time the products were formulated, designed and manufactured,” the Chervon class action says. 

Desparrois claims Chervon is guilty of unjust enrichment, breach of express warranty, breach of implied warranty, breach of the implied warranty of merchantability, negligence and fraudulent concealment, among other things. 

He demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, statutory and punitive damages for himself and all class members. 

Snap Inc. issued a recall for 71,000 lithium-ion batteries used in its Pixy Flying Camera drones early last year over concerns they could overheat, posing a fire hazard. 

Have you purchased Chervon Skil Pwrcore 40 Lithium 5.0Ah 40V Batteries? Let us know in the comments.

The plaintiff is represented by Roy T. Willey of Poulin | Willey | Anastopoulo, LLC. 

The Chervon class action lawsuit is Desparrois, et al. v. Chervon North America Inc., Case No. 1:25-cv-00052, in the U.S. District Court for the Northern District of Illinois.

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