Lithium-ion batteries on yachts: risks and problems

The use of lithium-ion batteries is becoming more widespread, and many experts believe that this trend poses a significant risk to the maritime industry. The situation is made worse by the fact that international legislation on the protection of seafarers’ lives and work has not kept pace with technological advances.

In a new article for Marine Industry News, representatives of the maritime law firm Lester Aldridge – lawyer Jessica Slater and Philippa Langton – share their view of the situation. 

This article is adapted from Zella Compton's MIN article, "Lithium-ion batteries: a growing risk for yacht fires?"

Both sailing and motor yachts are under threat

On January 9, 2025, a fire broke out on board the yacht Naisca IV while moored near Marseille. According to official reports, the initial fire was caused by a problem with the lithium-ion battery. The fire damaged not only the Naisca IV, but also two yachts moored nearby. Although rescuers took a number of measures to minimize the impact on the environment, each such incident causes significant harm to the environment.

This story is one of many. Over the past few years, yacht fires have occurred regularly due to problems with lithium-ion batteries, and not always due to improper operation. The Naisca IV example once again demonstrates the importance of the following aspects:

• strict adherence to safety regulations;
• ongoing training of crew and team to understand and minimise the risks associated with lithium batteries;
• insurance coverage.

In the case of lithium-ion batteries and potential problems in their operation, it is much easier to prevent these problems than to solve their consequences. Absolutely all yachts, of all types and sizes, are at risk. Therefore, neglecting safety regulations can be fraught. 

Who is responsible for damage caused by a fire on board a yacht?

Let's continue with the Naisca IV case as a clear example of the consequences of a fire. If the investigation reveals that the fire started on board the yacht, the owners of the yacht will be the first to be held liable. The court may make the following claims against the owner of the yacht:

• damage to nearby yachts;
• harm to the environment;
• fire response;
• damage to marina property;
• claims for compensation for damage to health;
• associated costs.

If evidence is presented during the trial that the fire was caused by a defect in the main battery or a battery in equipment on board (such as a tender or toys), then the yacht owners have grounds to file counterclaims against the manufacturers or suppliers. The chain of counterclaims can grow quite long, so it is possible that the owner's guilt may be disproved.

In addition, the safety instructors who inspected the yacht, the crew who did not comply with safety regulations, and so on down the list may be found guilty. Court proceedings in such cases are multi-layered and can last for years.

Insurance is not a 100% option

Many owners of motor and sailing yachts rely on insurance. However, the devil is in the legal details. Regular yacht insurance in most cases covers warranty cases of hull failures and compensation for damage to third parties. In theory, this wording would be suitable for a fire, but in practice, insurers often "slip" from compensation for losses for the following reasons:

• Seaworthiness of the yacht - the yacht must be in good condition, and the owners must maintain documentation confirming this fact.
• Terms of Agreement - Owners must follow the terms of the agreement with the insurance company. If the agreement states "constant supervision", then the yacht must always have a crew on board, except in cases previously agreed upon in the agreement.
• Exceptions to the Rule - Most yacht insurance policies do not cover claims that arise as a result of the negligence or willful actions of the crew, skipper.

If all the insurance conditions in the case of Naisca IV were met, then the owners are entitled to insurance coverage. Otherwise, the insurer may refuse to pay. This example demonstrates an important point: the insurer may actually help. Or it may not.

To avoid getting into an unpleasant situation, pay close attention to the insurance conditions, which are, as they say, "on paper" and written in small print. Do not rely on the words and convictions of the insurance agent, study the contract. 

We recommend that you read our article about the most common reasons for yachtsmen to contact an insurance company:

If your yacht has lithium-ion batteries, it's a good idea to take out insurance. In the best case, you won't need it, but in the worst case, it will save you some money. 

Legislative loopholes and their implications for yachting

As mentioned above, the speed of technological development is higher than the speed of writing laws. Because of this, almost every case of battery fire has difficulties in qualifying in the legal field.

Today, most laws in the world do not have strict regulations regarding electronic and battery systems on board yachts. This makes life difficult not only for yacht owners, but also for insurers and ships. As a result, at this point in time, it is easier to prevent and avoid battery problems than to deal with their consequences in the legal plane.

Preventive measures and protection of yachts

To minimize risks, yacht owners can take advantage of the following set of measures.

Training yacht crew on handling lithium batteries

Whether you are a skipper or a charter yacht owner, your crew should be aware of how lithium-ion batteries work and operate. When to charge a battery, when not to charge it, and what is the acceptable charge level – all of this is important to know. 

Moreover, it is necessary to constantly “keep yourself in good shape” and be vigilant, because over time the risk of lithium battery fire only increases due to the aging and degradation of charging elements.

Compliance with operating requirements

Fortunately, governments in many countries are gradually introducing standards and requirements for the use of lithium batteries. Although not all countries have such requirements, it is recommended to at least thoroughly study the manufacturer's instructions. Usually, these brochures indicate all the main points regarding operation.

In recent years, there has been an increase in guidelines for early detection of battery degradation, which also directly impacts crew safety. Early detection of a problem is already half the solution.

Insurance and system reliability

Yacht insurance is indeed necessary. However, it is even more important to choose a reliable insurance company that can cover a wide range of possible problems. Early insurance can save a yachtsman from spending thousands!

In addition to insurance, you should pay attention to the reliability of the system. Cheap and untested will most likely lead to problems on board and unpleasant consequences. Take care of the equipment in advance, do not save on wiring and batteries.

New video on Interparus channel

The Dusseldorf Boat Show is one of the main events in the world of yachting. In the new video we will show and tell you about the most interesting equipment that we saw at the exhibition😎

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13.02.2025