Court Dismisses Lawsuit Against Porsche Over Felicity Ace Fire
A lawsuit against carmaker Porsche over the fire aboard the car carrier Felicity Ace has been resolved in favor of the famous German auto brand.
Felicity Ace departed the ro/ro port of Emden, Germany on February 10, 2022 with a load of 4,000 cars on board, all built by the Volkswagen Group. The consignment included high-value autos from VW's luxury Audi, Porsche, Bentley and Lamborghini brands. Some of these vehicles were all-electric or hybrid-electric, fitted with lithium-ion batteries.
On February 16, a fire broke out on a vehicle deck while the ship was about 200 nautical miles off the coast of the Azores. The crew were not able to control the blaze, and they abandoned ship successfully. All 22 were rescued by the Portuguese Navy, and no injuries were reported. The ship, however, was badly damaged: burn patterns on the exterior suggested complete combustion in most cargo holds and spaces above the waterline. The vessel burned for about one week, and when it was finally out, salvors boarded to rig up a tow. The salvage team began to tow the hulk to a port of refuge, but while under way, the Felicity Ace took on a severe list; the wreck suddenly sank on the morning of March 1 - taking with it hundreds of millions of dollars in burnt cars.
The Felicity Ace after the fire, February 2022 (Portuguese Navy)
After the sinking, shipowner MOL and its insurers filed two lawsuits against Porsche in two different German regional courts, one in Braunschweig and another in Stuttgart. The plaintiffs alleged that the batteries inside of a new Porsche Taycan all-electric sports car was responsible for starting the fire on the vehicle deck. More than 100 high end Taycans were on board; depending on options, these vehicles were each worth about $80-180,000 each (MSRP) at the time of shipment.
The plaintiffs contended that the risks of the battery technology were new and little-known at the time, and that the automaker should have given more warning. VW countered that the fire could have started a different way, and that the vessel's firefighting procedures and systems were at fault for the spread of the blaze. Initial attempts at mediation were not successful, and both suits proceeded to trial.
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On Wednesday, the Stuttgart court concluded that it had not been given conclusive evidence that a Taycan had started the fire, and ruled in Porsche's favor. The ruling is still subject to possible appeal.
The Braunschweig trial is still under way.
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