
Benjamin E. of Bushnell, Illinois says the battery in his e-cigarette exploded while inside his front pants pocket. The exploding vape device left him with severe burns on his hand, thigh and genitals, he claims.
He sought treatment at a local hospital, then was airlifted to a burn unit in another town where he was hospitalized for five days.
Benjamin is now suing Vapers 6, the shop where he bought the exploding vape device. He alleges Vapers 6 negligently sold him a dangerous product and failed to warn him about the proper storage methods for the device’s battery.
While the Chinese manufacturer of Benjamin’s E-cigarette could conceivably bear some liability, Benjamin did not name that company as a defendant in his E-cigarette lawsuit. Overseas manufacturers can be difficult to sue and even more difficult to collect a judgment from.
Exploding Vape Device Epidemic
Since E-cigarettes and vape devices became available a few years ago, their industry has boomed. Sales in the U.S. hit $1.5 billion in 2013, and the next year they increased even more to $2.5 billion. By one measure, around nine million adults now use E-cigarettes.
Benjamin is far from the only person who has suffered injury from an exploding vape device. Victims across the country have reported being burned by E-cigarettes that exploded nearby, sometimes while inside their pockets or close to their faces.
Last November, security cameras at a New York wine shop caught footage of one man’s exploding vape device as it shot sparks and smoke from his pants pocket. The next month, another E-cigarette exploded in the hands of a man while he was riding a bus in Fresno, Calif.
The problem seems to be in the design of these devices’ batteries. The rechargeable lithium-ion batteries used in E-cigarettes pack a lot of energy into a small space. They also may not last very long during normal use, so users sometimes charge up extra batteries and carry them in their pockets for later.
One theory of how these explosions occur is that the batteries knock against other metal objects, like coins or keys in pockets, causing a short circuit and a subsequent explosion.
Victim advocates say that’s not necessarily consistent with what they know about how the explosions occurred, however. They blame a lack of quality control and regulation in the foreign countries where E-cigarettes are made.
The issue has spurred a reaction from government officials who are now calling for regulation of E-cigarettes. In 2016, the FDA passed a set of regulations governing the manufacture and sale of these devices.
And last month, U.S. Senator Chuck Schumer called for further action by the FDA and the U.S. Consumer Product Safety Commission.
Dozens of other victims like Benjamin have begun filing E-cigarette lawsuits seeking compensation for their injuries.
One such claim has resulted in a payout for a California woman whose E-cigarette exploded while charging in her car. In October 2015, her E-cigarette lawsuit yielded her a damage award of $1.9 million.
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