Lithium-ion batteries: risks and responsibilities in co-ownership
Lithium-ion batteries have become ubiquitous in our daily lives, powering a wide range of devices, from cell phones to electric vehicles. Their ability to store large amounts of energy in a compact format makes them a must-have technology. They can be found in smartphones, tablets and laptops, but also in electric vehicles such as cars and electric scooters. Even power tools and some medical devices depend on them for their operation. However, these batteries, although efficient, carry significant risks, particularly in terms of fire safety and environmental pollution, especially in condominiums.
Risks associated with lithium-ion batteries
Despite their efficiency, lithium-ion batteries present significant risks, particularly in the event of overheating or misuse. One of the main dangers is the phenomenon known as thermal runaway, where a damaged or overcharged battery overheats uncontrollably. This can lead to violent fires or even explosions. Even once the fire has been extinguished, there is a risk of reignition, requiring continuous monitoring to avoid further incidents (FEMA, U.S. Fire Administration). These risks are of particular concern in shared environments such as condominiums, where a fire can spread rapidly to neighboring units.
In addition to the physical risks, lithium-ion batteries also pose a threat to the environment. Recent studies show that they can release toxic chemicals, notably per- and polyfluoroalkyl (PFAS), persistent pollutants that contaminate water and soil if batteries are improperly disposed of. These chemicals are difficult to break down and can remain in the environment for decades, posing a challenge for waste management (ScienceDaily).
Civil liability in Quebec
Under Quebec civil law, co-owners have a special responsibility for managing lithium-ion batteries. Under Article 1465 of the Civil Code of Quebec, owners are presumed liable for damage caused by their property, unless they can prove that they were not at fault. If a lithium-ion battery causes a fire or accident in a unit, the co-owner responsible could be held civilly liable for damage to other residents, as well as to the common areas (Me Yves Jolicoeur, Condolegal).
Article 1457 of the Civil Code also imposes a general obligation of prudence, requiring each owner to take the necessary measures to avoid causing damage to others. In the context of lithium-ion batteries, this means that co-owners must ensure that they are stored and charged safely. This includes using manufacturer-certified batteries and chargers, complying with safety guidelines and following condominium bylaws on hazardous materials (Me Yves Jolicoeur, Condolegal).
Co-ownership obligations and recommended precautions
In co-ownership, the syndicate of co-owners can play a key role in preventing the risks associated with lithium-ion batteries. Co-ownership bylaws can specifically regulate battery storage and recharging to minimize the risk of fire. Me Yves Jolicoeur recommends that the syndicate establish specific rules to ensure that these batteries are handled safely, notably by prohibiting their charging in residential units, or by requiring their storage in ventilated and supervised areas (Condolegal).
In addition, co-owners are advised to take preventive measures to avoid incidents. These include:
–Use original batteries and chargers to avoid overheating and short circuits (British Safety Council).
Store batteries in a cool, well-ventilated area, away from heat sources and flammable materials (FEMA, U.S. Fire Administration).
–Inspect batteries regularly for signs of damage, such as swelling or cracks, and stop using them immediately in the event of a defect (ScienceDaily).
Conclusion
Lithium-ion batteries have become indispensable in our modern world, powering a wide variety of devices. However, their use entails fire safety and environmental pollution risks, which need to be taken very seriously, especially in condominiums. Co-owners have a legal responsibility to ensure the safe management of these batteries, and the syndicate of co-owners must ensure that regulations are in place to minimize these risks. By adopting safe practices and complying with regulations, co-owners can help prevent potentially catastrophic incidents, while protecting the community and the environment.
For more information on co-ownership responsibilities related to lithium-ion batteries, please consult Me Yves Jolicoeur ‘s detailed article on Condolegal (https://www.condolegal.com/gestion/actualites/copropriete-lenjeu-de-lentreposage-des-batteries-lithium-ion).