LG Chem Must Face Battery Injury Lawsuit in South Carolina

LG Chem Ltd., the South Korean conglomerate that has fought jurisdiction across the U.S. in numerous suits involving battery injuries, must face suit in a South Carolina court by a man who alleges he suffered severe burns, a trial court in the state said Tuesday.

Eric Chase Williamson alleges he suffered second- and third-degree burns when a lithium-ion battery he purchased from Pirate’s Cove Vapor Lounge in South Carolina exploded in his pocket.

LG Chem has sufficient contacts with the state such that exercising specific personal jurisdiction over the South Korean entity wouldn’t defeat the fairness considerations of due process, the court said.

Two Georgia state court judges earlier this year said courts in that state have jurisdiction over LG Chem, finding sufficient links to the state.

And a Texas appeals court said in December 2020 that Texas courts can exercise specific personal jurisdiction over LG Chem and LG Chem America Inc., its U.S. affiliate.

But in November 2020, LG Chem escaped lawsuits in Arizona and Washington state when the Ninth Circuit and the Washington Court of Appeals found it didn’t direct activity to those states.

Here, it is clear that LG Chem markets and sells LG Chem branded 18650 batteries in South Carolina, Judge Deadra L. Jefferson of the South Carolina Court of Common Pleas, 14th Judicial Circuit said.

LG Chem distributed the batteries with the reasonable expectation that they would be used in South Carolina. And Williamson bought and used the batteries in South Carolina, where he was injured, the court said.

The court also found its exercise of specific personal jurisdiction would be fair.

Williamson alleges LG Chem America maintains a registered agent and has had a certificate of authority to conduct business in South Carolina since September 2010. LG Chem’s product presence in South Carolina is pervasive, with approximately 40 shipments by LG Chem through LG Chem America to customers in South Carolina, including shipments of the subject batteries, he says.

Nearly 11 years of business activity in South Carolina “is sufficient time” to put LG Chem on notice that it may be haled into court in South Carolina, the court said.

The nature of LG Chem’s actions show it has purposefully availed itself of the benefits of doing business in South Carolina, the court said.

And any inconvenience to LG Chem is outweighed by South Carolina’s interest in protecting its residents who have been potentially injured by out-of-state actors, the court said.

Morgan & Morgan PA represented Williamson. Nelson Mullins Riley & Scarborough LLP represented LG Chem.

The case is Williamson v. Pirates Cove Vapor Lounge, LLC, S.C. Ct. Com. Pl., No. 2019-CP-07-02270, 6/22/21.