E-cigarettes can be a blast but not when they explode. In the United States in the last year, there have been reports of e-cigarettes exploding and ripping a hole in a man’s tongue, blowing up in a man’s pants, and going off while not being used.
When a product is used for its intended use and it explodes and causes disfiguring injuries, as in this case with vaping cigarettes, the manufacturer may be liable under Florida law. Some lawsuits have already been brought against e-cigarette stores and manufacturers.
E-cigarettes Can Explode and Cause Injuries
E-cigarette explosion incidents have been reported in Florida, New Jersey, California, Kansas, Seattle and other places.
One of the more serious cases, a Seattle woman’s e-cigarette exploded and her teeth were blown out of the floor, into the roof of her mouth and she was burned on her chest, face, neck and inside her mouth and nose.
The source of the malfunction lies within the lithium-ion batteries, which are used to heat the liquid to vapor. They carry a risk of exploding. There have been other products which have caused similar issues with lithium batteries in devices such as hoverboards and smart phones.
Even the Federal Aviation Administration (FAA) acknowledges the dangers of the batteries in e-cigarettes. The FAA prohibits e-cigarettes to be stored in the cargo compartment in checked baggage. All devices must be turned off, may not be used, and must be packed with carry-on luggage.
Surprisingly, despite the technical problems with e-cigarettes, the manufacturers have moved to resist efforts by the Food and Drug Administration (FDA) to be regulated like traditional tobacco products.
What you need to do in case of E-Cigarette explosion
When a person has been injured due to exploding e-cigarette batteries, a court will evaluate the claim as product liability claim. This kind of claim exists where a product causes damage that was not expected or intended based on the use of the product. In evaluating whether a product’s design is defective, a court will require a victim to show that the product could have been reasonably designed in a safer way. Aubin v. Union Carbide Corp.,177 So. 3d 489 (Fla. 2015).
To prove a case against big manufacturers, it is critical to have the representation of a skilled and capable lawyer to put on evidence and hire experts to offer testimony that a product could have been designed in a safer way. This holds true even for the simple proposition that an exploding smoking device could be designed in a safer way.
The notion that an e-cigarette can explode in a person’s hand, mouth or pocket because of a defect in the design is horrifying. When a person picks up a product off the shelf, he expects that it will be work like it is supposed to. Gum is for chewing. Glasses are for seeing. Cigarettes are for smoking. When a cigarette explodes, and it causes a person permanent and life altering injuries, the manufacturer needs to be held accountable.
If you have suffered injuries due to an e-cigarette explosion, you may have a claim for damages against the manufacturer and, under some circumstances, against the retailer of the product.
For a free consultation to discuss a claim against an e-cigarette manufacturer or retailer, contact the compassionate attorneys at the Coleman Law Group, Where Passion Meets Power.