Vaping and e-cigarettes are all the rage these days. These products are all over the news, and seemingly everyone from teenagers to the elderly enjoy the ease-of-use and reliability of these devices. While many enjoy these smoking devices, they are still smoking products and can be harmful to the health of those who use them. This is especially true when these devises malfunction and explode. Here is everything you need to know about vape pen explosions and who is liable.
While vape pen explosions are relatively uncommon, when they do happen, the results can be catastrophic. Take, for example, the case of Florida man Tallmadge D’Elia, who died when his vape pen exploded and sent projectiles into his skull. He also suffered burns over 80 percent of his body.
According to data compiled by the U.S. Fire Administration, roughly 80 percent of all e-cigarette and vape pen explosions occur during the charging of the device. The remaining explosions or fires occurred when the devices were in the hand, mouth or pocket of users.
The leading causes of vape pen explosions are product malfunction, using an incorrect charging device, or defects to the lithium-ion rechargeable batteries. Other common causes are manufacturing flaws, use of inferior-quality materials, poor production techniques, overheating batteries, or incorrect usage or handling.
Some of the most common injuries associated with e-cigarette or vape pen explosions include:
In addition, exploding vape pens may leave emotional scarring and damage which may require therapy or counseling services.
In the State of Texas, victims of exploding e-cigarettes and vape pens can hold the product retailers and manufacturers liable if they can prove the product was defective. If a vape pen was poorly built or designed or used inferior parts, you may be able to sue the manufacturer for their negligence. Even if the pen was designed, manufactured, and marketed in a correct manner, you may still be able to seek compensation if the product caused an injury.
If the pen was purchased from a site, such as eBay or Amazon, a skilled and knowledgeable defective product attorney can sue these websites, claiming they were liable for knowingly selling the defective product or battery which resulted in the injuries.
Texas Statute 16.003 states that there is a two-year statute of limitations on defective product claims. This means that any action an individual undertakes for the recovery of damages resulting from personal injury or death (as well as property damage caused by a defective product) must begin no later than two years after the day the injury or damage occurred, or two years after the individual first realized they were injured.
If you have been injured by an exploding vape pen or e-cigarette, make sure you contact the largest and most successful personal injury firm in Texas. Thomas J. Henry has the experience, expertise, and determination to get their clients the large settlements and verdicts they deserve. This includes a $30.2 million verdict recently in a vehicle recall case. So, if you’ve been injured in an accident, don’t fall for flashy gimmicks. Call Texas’ premier personal injury law firm. Call Thomas J. Henry today at 361-221-5053.