Does anyone have any prior case experience with a battery-powered device (smoke detector or other) being considered DEFECTIVE because it stopped working when the batteries went low? What are the arguments for alleging that the product is at fault?

Background. A battery-powered sensing device (not a smoke detector) was installed in a home. The owner was either unaware of, or chose to ignore, the "Low Battery" indication for a period of time. Then, while the owner was away for an extended period, the device stopped working and a loss occurred. Both sides agree that the battery was no longer able to power the device. Even though the owner was not home at the time, the claim is that a better "low battery" indication would have prevented the loss. This is an actual lawsuit.

The larger issue here is that if the argument succeeds, it could have serious implications with the performance of Smoke Detectors or any other safety devices (alarms, lights, radios, etc.). That is, if a battery-powered smoke detector fails to operate because of a low (or missing) battery, this could be grounds for the manufacturer being held liable for the resulting injury or loss.

Has anyone come across a similar situation? If so, how did it turn out?

Allan Magee, P.E.