Well.. did he ask the seller what the appropriate batteries were?
That seems to be the hinging point to me.
If something is dangerous to use without a customer vetting process, should it be available to purchase by going through facebook and google? People who have absolutely no clue will buy these mods, having no knowledge of the learning curve.
He did ask questions about the batteries here on ECF:
http://www.e-cigarette-forum.com/forum/general-e-smoking-discussion/125299need-batteries-glv2.html#post1949146
Maybe him asking if he could find them at wal-mart was a clue?
I guess he eventually found some batteries and they weren't working right because he made another post about it and got four replies, none of which pointed out that he needed protected batteries:
http://www.e-cigarette-forum.com/forum/general-e-smoking-discussion/126472-what-best-cr123-battery-glv2.html#post1972145
Doing a search on "GLV2 Batteries" and nothing pops up that points the EFC user to protected batteries. If EFC is the safety net for educating the customer, it failed in this case.
Read this one too
(CR123 Explosion during use, firsthand account)
The fumes are extremely toxic!! Serious stuff!
Since the seller did not provide the buyer w/ the proper batts that he paid for, it is the sellers ABSOLUTE responsability to make sure that the buyer is informed as to which batts can and cannot be used. It is really a simple legal classifacation of responsability. "Buyer Beware" doesn't cut it w/ electrical devices going BOOM from a mistake the average person is likely to make if the Manufacturer/supplier does not offer a solid explaination of the possibility of danger. Neglegence.
If something is dangerous to use without a customer vetting process, should it be available to purchase by going through facebook and google? People who have absolutely no clue will buy these mods, having no knowledge of the learning curve.
He did ask questions about the batteries here on ECF:
http://www.e-cigarette-forum.com/forum/general-e-smoking-discussion/125299need-batteries-glv2.html#post1949146
Maybe him asking if he could find them at wal-mart was a clue?
I guess he eventually found some batteries and they weren't working right because he made another post about it and got four replies, none of which pointed out that he needed protected batteries:
http://www.e-cigarette-forum.com/forum/general-e-smoking-discussion/126472-what-best-cr123-battery-glv2.html#post1972145
Doing a search on "GLV2 Batteries" and nothing pops up that points the EFC user to protected batteries. If EFC is the safety net for educating the customer, it failed in this case.
I hate this thread because I think both parties could have done better. So people take sides on it.
The information about protected batteries can be found in official ECF postings made by the people who run the site.
Additionally, he didn't ask in the GLV forum where he had a better chance of getting a useful response. Based on the second question he posted, we now know why the batteries failed- they were allowed to fully discharge thus damaging the cells.
And.. GLV should have the info on the web site.
I still say draw. It's not as if GLV supplied him with unsafe batteries.
BTW, OP I have lawyers in the family(the do property legal work though), and I have had conversations w/ them about legal issues. I can safely say, that unless proper OBVIOUS warnings are given that ONLY a specific type of battery should be used or BOOM, that the seller is guilty of gross neglegance. It is fairly cut and dry from a legal standpoint. I really don't see how anyone can justify the simple problem of exclusion of a basic safety concern. My PV manuals even usually say, do noy use while driving, just as a precaution. But BOOM is another story all together.
I dunno man. Are you an attorney?
I've worked very close to them, and my take on it is that it's a draw.
I think both parties are wrong. In a court of law it would result in no damages awarded to either side.
The supplier is not liable because an e-cig forum gives required information? Yea, I can see that going over well in court. How is the ECF an escape from legal liability? No lawyer in his right mind would try that in court.
Geeze, don't go there! I'm sure this can all get fixed without people getting sued![]()
I hate this thread because I think both parties could have done better. So people take sides on it.
The information about protected batteries can be found in official ECF postings made by the people who run the site.
Additionally, he didn't ask in the GLV forum where he had a better chance of getting a useful response. Based on the second question he posted, we now know why the batteries failed- they were allowed to fully discharge thus damaging the cells.
And.. GLV should have the info on the web site.
I still say draw. It's not as if GLV supplied him with unsafe batteries.
Yea... but he had the proper information on batteries that would work- and didn't use it. He asked a question about what the proper battery would be, got information and didn't use it.
Still comes up a draw in my mind.
First off visiting the ECF should never be considered the responsability of the buyer. The ECF strictly points out that they are not responsable for anyone useing/misuseing information obtained here. That is a simple disclaimer that virtually any forum has to have. Second, he did ask and he was not told that he needed protected batts. So, the ECF(unfortunately) failed to relay a simple warning. So therefor the ECF cannot even be considered a reliable deffense for the supplier not providing proper safety info, even if they were in the first place. It is still the burdon of the supplier to provider proper safety info like it will BLOW UP if you use unprotected batts.
However, the batteries that were recommended would nto have caused this problem.
I'm arguing the other side as it would be.
Yea... but he had the proper information on batteries that would work- and didn't use it. He asked a question about what the proper battery would be, got information and didn't use it.
Still comes up a draw in my mind.
My point is burden of proof to dispute the idea that the buyer is responsable. If there is a danger in not using a PARTICULAR cr123, then it is the absolute responsability of the seller to provide that information, on the web and with the product. I tried logical explaination, and my points made were ignored. So I chose to point out legal responsability as a way to end the disagreement. Not suggesting he sue, but he should get his money back, or a replacement with the proper batts and proper warning included.
I'm lucky in that I have battery knowledge from my RC days, however if I didn't already know about battery chemistry I can easily see myself doing the same thing as the op if no warnings were supplied with the device. The end user can't be held responsible for his ignorance if no effort was made by the seller to educate the end user in the dangers of using non protected batteries and he should assume full responsibility and replace the device or offer a refund imho.