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Another idiot - E-cigarette battery explodes in a man’s pants.

Discussion in 'Media and General News' started by oplholik, Feb 27, 2018.

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  1. Vaperer

    Vaperer Senior Member

    Supporting member
    Dec 10, 2017
    Puerto Rico
    Unfortunately the way it works is you throw everybody you possibly can in the lawsuit and let the liability be split amongst each defendant . including the plaintiff. he has some negligence as well. But you sue everybody you possibly can. You don't want any empty chairs. Warning sticker problem fixed.
     
    • Agree Agree x 2
  2. Vaperer

    Vaperer Senior Member

    Supporting member
    Dec 10, 2017
    Puerto Rico
    McDonald's appealed the award. I think it got knocked down by 50% still way too much money. I don't have an exact number on what that plaintiff received.

    Now they're cups have a warning contains hot liquid. Problem fixed.
     
    • Like Like x 1
  3. puffon

    puffon Vaping Master Verified Member ECF Veteran

    Sep 18, 2014
    The Villages, FL
    Yes, everyone will be sued. LG and Sony have been through this many times because of vapors.
    Unfortunately a warning sticker won't solve the problem for the retailer, selling batteries never intended to be used in the products he is selling customers.
     
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    • Agree Agree x 1
  4. Vaperer

    Vaperer Senior Member

    Supporting member
    Dec 10, 2017
    Puerto Rico
    WARNING USE A BATTERY CASE!
    It is unsafe to carry our batteries loose in one's pocket.
    Wouldn't that release the seller as well. In any future litigation?
     
    • Agree Agree x 1
  5. puffon

    puffon Vaping Master Verified Member ECF Veteran

    Sep 18, 2014
    The Villages, FL
    Maybe, maybe not, the jury might say the retailer is selling batteries that are not intended (according to Sony, LG, Panasonic) to be used in the product he sold the customer.
    If I was a retailer, I wouldn't sell a battery without a case, and a signed release of liability.
     
    • Agree Agree x 2
    • Like Like x 1
  6. Vaperer

    Vaperer Senior Member

    Supporting member
    Dec 10, 2017
    Puerto Rico
    Notice how he says the burns to his thighs have changed his life forever. .
    He's painting a picture. I would have it automatically on the receipt so that they just had to sign for it. What percentage of negligence do you give to the alleged victim)?
     
    • Agree Agree x 2
  7. Boscovlle

    Boscovlle Full Member Verified Member

    Feb 14, 2018
    Sounds like he's preparing for a court case.

    Sent from my SM-N950U using Tapatalk
     
    • Agree Agree x 2
  8. OlderNDirt

    OlderNDirt Ultra Member ECF Veteran

    Nov 8, 2014
    Nebraska
    Just now, while reading this thread, saw a news report showing a video of a little girl dangling from a ski lift. No mention of warning signs needed on ski lifts or regulating/banning ski lifts. I have to wonder if they have or need those characters at entry saying "You must be this big" to go on this ride?

    How big will this warning sign/label be to include all miss-uses of the battery and still be readable? Maybe we can just make signs and labels with Ron White's simple statement, "You can't fix stupid", and label everything and have it posted everywhere!

    I want warning signs for all warning signs: "WARNING: Do not remove warning signs! Reading the fine print on warning signs could cause eye strain which could lead to headaches, blurred vision, and/or blindness!"
     
    • Funny Funny x 2
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  9. MacTechVpr

    MacTechVpr Vaping Master Verified Member ECF Veteran

    Supporting member
    Aug 24, 2013
    Hollywood (Beach), FL
    Not to be contrarian here, but no vape labels don't restrict nada puff. And that's self-evident. The producer might wish it so. And also claim that's not the intention. Limit sales to distrib or resale who don't agree to ask or other such requirement. But it's pretty obvious it's a user installable item by design and spec such that no maker can then expect to practically control its use. It'd be a shame if the careless and inc the media ultimately force a legislated loss of convenient utility for vapers and others. But I think that's the direction some would take us.

    You would think each state has an evidentiary threshold for culpability or liability that has to be satisfied for jurisdiction. I'd love to see the filing for this case tho and basis — manufacturer failed to make the battery pocket-proof?

    Think all such producer exceptions will only put all at risk in time. Courts need to ensure maker is uniformly on spec and vendors not misrepresenting imo. Think that's against the law in most places.

    Good luck all. :)
     
    • Like Like x 3
  10. zoiDman

    zoiDman My -0^10 = Nothing at All* ECF Veteran

    Supporting member
    Apr 16, 2010
    So-Cal
    Has Anyone ever seen a copy of the Complaint?

    I did some search for it using...

    "Daniel Anderson" Sedgwick County District Court

    But only get Relevant result from Pay-per-View sites. Including Records Access
     
    • Like Like x 4
    • Informative Informative x 1
  11. MacTechVpr

    MacTechVpr Vaping Master Verified Member ECF Veteran

    Supporting member
    Aug 24, 2013
    Hollywood (Beach), FL
    TY

    Counsel says,
    “Nobody thinks twice about putting a battery in their pocket. You have an extra one, that’s the first place it’s going to go…”

    [Sharp as a tack that one.]

    Schopenhauer says,
    "The wise have always said the same things, and fools have always done just the opposite."

    UL recommendations are not controlling law.

    Good luck. :(
     
    • Like Like x 1
    • Agree Agree x 1
  12. stols001

    stols001 Mistress of the Dark Nicotinic Arts Verified Member ECF Veteran

    Supporting member
    May 30, 2017
    Tucson, AZ
    Who does that? "Thinks a battery should go in a pocket." I used to carry magnets in my pockets (they were fun to play with, kind of fidget-spinnery in their own way) but NOT batteries . Not even AAA batteries. LOL.

    Attorneys are so great at making the unreasonable "seem" reasonable. I bet you there's gonna be a LEAST one jurist who believes that might be a great idea--- even AFTER being thoroughly educated by the defense team on battery safety.... And they should OBVIOUSLY hire Mooch as their "battery expert."

    I bet he could gently point out safety issues in a kind and nice way, without swearing at the defendant, while "thoroughly educating" the jurists. LOL. Plus, he's not MEAN. :)

    @Mooch , somewhere out there, the defense team needs you!!!!!!!!!!!!!! :)

    Anna
     
    • Like Like x 2
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