Colorado man sues after explosion
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I can't agree more and suggest we start now addressing these issues because these are
the issues which will directly effect our movement. I emailed the link to this thread to
my e-cig marketer and suggest others do the same so they can follow this thread as we
discuss this topic.
Regulation is in our future and what we do now is very important.
Why?
The Nanny State has a history of addressing problems by simply banning them.
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Industry Standards / Consistency / Educational Campaign / Adequate Instructions / Warning Labels
I have harped on these issues since I joined ECF .. it is the vendors that need to get their acts together .. that's the only way we will avoid eventual bans and/or heavy regulation ..
The continued springing up of sellers that jump into a hot market in a money grab effort results in the Wild Wild West .. which is exactly where we are now .. the efforts of CASA and any other grass roots movements will be for naught without vendors that do the right thing .. unfortunately, when things start to get dicey, these short term profit folks will move on to the next Sham Wow ..
I have harped on these issues since I joined ECF .. it is the vendors that need to get their acts together .. that's the only way we will avoid eventual bans and/or heavy regulation ..
The continued springing up of sellers that jump into a hot market in a money grab effort results in the Wild Wild West .. which is exactly where we are now .. the efforts of CASA and any other grass roots movements will be for naught without vendors that do the right thing .. unfortunately, when things start to get dicey, these short term profit folks will move on to the next Sham Wow ..
I wish some people form this site would end up on the jury, but they will get people that do not know any better. This guy will end up getting millions probably which is sad because as most of you have stated "you can't fix stupid". I do truly feel sorry for the guy having to endure this but when I purchased my 3VO, Provari, or anything else for that matter I bought batteries from the site that sold the PV. Cases like this remind me of the lady that got 2 million for burning herself with hot coffee, now every cup from vendors all over state "Contents May Be Hot" etc. My next PV should read "Hey Stupid Use The CORRECT Batteries!!!!!!!!!!!!!!!!!!!" Just my
He won't get millions .. he'll be lucky to get anything at all ..
I may be wrong but I think the intent was to make any user be certified before they can buy a mod, likely not possible, but related to the user not the device itself... I don't see vendors wanting to not sell to a willing consumer, but I can appreciate the sentiment and I guess the analogy would be being licensed to drive a car. But that would be I think bringing in regulation which it seems is not a desired state.
I like how events like this get blown out of proportion. All the public and media gets all gung-ho about anything nowadays just to satisfy that need to control and have a part of something. So pathetic. People drive cars all the time and it only takes one ...... to kill someone with it. How do people (media and its sheep) blame the freakin device... or even the batteries. "Hunny I burnt down the house microwaving the batteries." *calls up lawyer*... Due to the lack of labeling I think we have a case! /rant. People just really need to stop doing this.
Can't protect people from themselves. Quit trying. We soon will all live in a padded 100% germ free world. Wonder why people are always sick?.... over sanitization of food. Body can't learn to defend itself if it isn't shown.
Lets start making pv tubes that fit with oddly shaped batteries so only the right one will go in. About what people are coming to with this foolishness.
Can't protect people from themselves. Quit trying. We soon will all live in a padded 100% germ free world. Wonder why people are always sick?.... over sanitization of food. Body can't learn to defend itself if it isn't shown.
Lets start making pv tubes that fit with oddly shaped batteries so only the right one will go in. About what people are coming to with this foolishness.
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sema4...Exactly. It's like owning a gun...guns don't kill on their own. There has to be someone squeezing the trigger. A mod won't blow on it's own, there has to be someone pressing the button.
I know you can't fix stupid...but...
Who is stupid if batt protection circuit fails and batt vents?
Who is stupid if PV has no protection circuit?
Who is stupid is PV relief vents are not adequate to relieve venting batt pressure?
Who is stupid if PV is maketed before batt vent testing?
Who is stupid if a million dollar settlement is won?
Who is stupid sometimes depends on country of citizenship.
BTW I support the disclaimer and hope he looses the case.
Who is stupid if batt protection circuit fails and batt vents?
Who is stupid if PV has no protection circuit?
Who is stupid is PV relief vents are not adequate to relieve venting batt pressure?
Who is stupid if PV is maketed before batt vent testing?
Who is stupid if a million dollar settlement is won?
Who is stupid sometimes depends on country of citizenship.
BTW I support the disclaimer and hope he looses the case.
Sadly the truth of the matter is that some people ("they") don't want e-cigs to exist so the blame will be put on the e-cig community and it's vendors due to lack of regulation. Since that hole exists people see it as a target. If my SB blew up right now I'd surely be ......, and possible maimed for life.... but I wouldn't sue Altsmoke or AW due to it. Only thing that could happen is if a fault was known with either of them and the companies knowingly shipped and endangered the public with said device. Without that I think certain people like the quick buck to be made, knowing the subject of e-cigs are controversial. Age old battle. I also know of someone who slipped on a spill at a wal-mart, sued and won. I'd say watch your step and learn to walk. Go sue the city for placing that stop-sign too close to the sidewalk that you walked into. People do it BECAUSE THEY CAN.
If he wins, more power to him, x amount of $$$ richer. But I don't think it would be justified. At the end of the day it's worth something knowing you didn't screw someone over. In our case, all of us potentially. Guess we could all go prohibition style and cook e-liquid in our bathtubs.
Whatever happened to Apple and the iPods that were burning up? Did they have the right people to bury it, or what? Same could happen here, but if people let it run rampant it will grow.
-If the protection circuit fails, blame nature and her chemistry.
-If the vents aren't adequate... well, lets ask why it was so heavy and broke my toe when I dropped it. Same argument. ---You can only prepare for disaster so much. Its like asking why my car caught on fire....DUH, cause theres *** gas in it!
-See above ^^
-The people who allowed it
-It depends who is looking
Not directed at you in any way. Just my opinions on said statements.
He's suing the wrong people if he's going after the PV maker.
Radio Shack/Enercell are the ones that provided the unprotected battery.
Comparisons to guns / cars are not valid .. these devices go thru rigorous testing, and while that does not insure full safety, at least they are rigorously tested .. those that choose to load ammo that is not recommended know that up front .. those that mod a car to go faster know the risks as well ..
As well, it is impossible to state that, if placed in the right scenario, you would not sue .. things that directly effect your own as well as your families well being will create the need for action .. it is not possible, as human beings, to step away and not ..
The industry needs to regulate / test / certify / warn / educate .. as industries do .. otherwise, someone will step in and do it for them .. and none of us really wants that ..
As well, it is impossible to state that, if placed in the right scenario, you would not sue .. things that directly effect your own as well as your families well being will create the need for action .. it is not possible, as human beings, to step away and not ..
The industry needs to regulate / test / certify / warn / educate .. as industries do .. otherwise, someone will step in and do it for them .. and none of us really wants that ..
No. Just no. In no way can they be held liable. They sold a battery. If the consumer used it in any manner other than its intended use...well, he is SOL. There are unprotected batteries all over in a lot of things. Sure some people don't understand that when an energy source has too much load it generates heat. Like 20 plugs in 1 outlet. It isn't the products fault at all, nor the company who provided access to said product. Maybe every powered device should have an entry test to deem the user worthy of operating it :0 Like a Bugatti!
Sorry for all the posts everyone... seems this subject is getting to me.
I agree regulation, testing, warning, education is necessary with these; but the gun and car analogy stands. They crash them, drive them, test cars up and down over and over, but people still get hurt. At the end of the day it cannot be Honda's, Toyota's or any other car maker's fault if someone gets hurt. UNLESS they shipped it knowing it was faulty. Nothing in any PV I know of is faulty to the point that it shorts and causes the battery to explode. If it were designed poorly and that happens fine, take it off the market.
Also, I can say that I wouldn't sue, even if in a similar situation. Some things come from common sense...like when my battery dies I don't go looking for regular AA's to make it work again. Yes my pv sitting 4 foot from my 3 year old may pose a risk.... it is a risk I apparently am willing to accept. I also let my 3 year old into the garage where my water heater is. If that thing exploded (rare but it happens) and she got hurt, well yeah obviously that would be devastating, but at no point would suing Whirlpool or the contractor who installed it or Lowe's for selling it to me, cross my mind. Freak accidents happen. Heck even cell phones explode...
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Thought the American way is to sue the deepest pockets not the most liable.
Agreed, though the gent gets negative points for opting to buy a lithium battery rather than a li-ion battery. He gets plus points as Enercell batteries do NOT list their discharge rate. There is NO way for me to tell if they are approved for a 2-4 amp load. I don't know if this makes a case, but it's really up to the MFG or retailer to know the specs.
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