An investigation into an April 2014 fire at the Valdosta, Georgia, residence of Cary Corbin revealed that it had started after an overheated battery pack in an HP Pavilion G6 Notebook melted the surrounding plastic material and subsequently ignited nearby combustibles, according to the complaint.
The suit alleges the battery was original to the HP laptop, and used for its normal intended purposes. Allstate says it’s since paid Corbin more than $177,888 for repairs and replacements related to the fire damage.
In the complaint, Allstate leveled claims of negligence and strict product liability at the computer maker, saying it’s entitled to reimbursement because the laptop contained one or more defects when it was sold, and because HP failed to correct it before it hit the market.
The insurer said HP may have sold the laptop with insufficient warning labels regarding the risk of fire or distributed it without proper instructions for use, and failure to take care of those issues also constituted liability and negligence.
“As a direct and proximate result of one or more of the foregoing defective conditions of the HP laptop, the HP laptop malfunctioned and ignited a fire within the Corbin residence,” the complaint read.
In January 2012, HP paid a $425,000 civil penalty to settle allegations by the Consumer Product Safety Commission that the company knowingly failed to report problems with defective lithium-ion battery packs dating back to 2007 — allegations it denied in its settlement.
At the time, the CPSC said the lithium-ion packs in question were sold as a part of new HP notebook computers, including the Pavilion model, and contained a defect that caused the batteries to overheat, leading to fire and burn hazards.
Between May 2009 and May 2011, HP recalled almost 286,600 lithium-ion battery packs over concerns that the packs, which were prone to overheating and rupture, posed fire hazards.
A class action accusing the company of hiding a defect in its Pavilion Notebook computers created a safety issue after warranties expired was dismissed in February 2012.
The complaint on Thursday did not mention any connection between HP’s previous lithium-ion battery issues and the April 2014 fire. Allstate seeks reimbursement of the full amount of damages paid toward fixing the Corbin residence.
Representatives for both parties did not return a request for comment Tuesday.
Counsel information for Hewlett-Packard was not immediately available.
Allstate is represented locally by Charles R. Carson of Carson and Associates.
The case is Allstate Insurance Co. (as subrogee of Cairy Corbin) v. Hewlett-Packard Co., case number 7:15-cv-00125, in the U.S. District Court for the Middle District of Georgia.
--Editing by Rebecca Flanagan.
