Chervon Class Action Lawsuit: SKIL Batteries Pose Fire Hazard

Case Overview: A class action lawsuit claims Chervon's SKIL PWRCORE 40 lithium-ion batteries are defective and pose a fire hazard, and the company failed to disclose the risks to consumers.

Consumers Affected: Consumers who purchased SKIL PWRCORE 40 batteries.

Court: U.S. District Court for the Northern District of Illinois

Chervon North America’s SKIL PWRCORE 40 lithium-ion batteries are defective and prone to overheating and catching fire, a new lawsuit alleges.

Despite knowledge of the fire risk, Chervon marketed and sold the batteries as safe for use raising questions about the safety of the company’s products and its responsibility to consumers, the lawsuit claims.

SKIL PWRCORE 40 Batteries Defective and Pose Fire Hazard, Lawsuit Claims

Anthony Desparrois, a Chicago resident, filed the proposed class action lawsuit alleging a range of violations including negligence and breach of warranty. Desparrois purchased a SKIL battery intending to use it safely for personal projects. However, his experience turned sour when the battery overheated and melted. 

According to the lawsuit, the incident occurred just as Chervon announced a product recall on December 19, 2024. Desparrois claims he wouldn’t have purchased the battery had he known about the fire risks. The lawsuit seeks damages, arguing that Chervon sold a product that was unsafe and unfit for its intended use and that the batteries' fire risk made them “worthless and dangerous.”

Chervon Accused of Failing to Address Battery Safety Risks

The SKIL PWRCORE 40 batteries, imported by Chervon and manufactured in China, power various tool applications. According to the Consumer Product Safety Commission (CPSC), there have been over 100 reports of thermal incidents involving these batteries, including overheating, smoking, melting, and fires. These incidents resulted in eight minor injuries and 49 instances of property damage.

The recall specifically targets batteries sold under model number BY8708-00 through major retailers such as Lowe’s, Amazon, and Walmart. Desparrois alleged that safer battery formulations and designs were available, and Chervon’s decision not to implement them shows negligence.

Other Companies Face Lawsuits Over Lithium-Ion Battery Defects

The Chervon lawsuit isn’t an isolated case. As the use of lithium-ion batteries grows in electric vehicles and other devices, so do legal claims over alleged defects. Audi and Volkswagen are defending a lawsuit involving the high-voltage lithium-ion batteries in their Audi e-tron SUVs, accused of causing power loss, short circuits, and fire hazards.

Similarly, Porsche faces a class action lawsuit over fire risks in the 800-volt batteries powering its Taycan EVs. Jeep Wrangler 4xe plug-in hybrids are also under scrutiny, with claims that their Samsung-supplied batteries pose fire dangers even when vehicles are parked and turned off.

In his lawsuit, Desparrois wants to represent anyone in the country who bought the batteries. He is suing for unjust enrichment, breach of warranty, fraudulent concealment, negligence, and more, and is seeking damages, injunctive relief, restitution, fees, interest, and costs.

Case Details

• Lawsuit: Desparrois v. Chervon North America, Inc.
• Case Number: 1:25-cv-00052
• Court: U.S. District Court for the Northern District of Illinois 

Plaintiffs' Attorneys

• Roy T. Willey, IV (Poulin | Willey | Anastopoulo, LLC)

Have you purchased a SKIL PWRCORE 40 battery? Share your experience in the comments below.