E-Cig explodes in man's pocket, he's suing the shop. Will he win?

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Rossum

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Let me guess. Did he also have metal objects in his pocket, like keys or loose change?
Winner, winner, chicken dinner!
"Anderson was carrying the spare battery, his car keys and coins in his left front pocket of his pants"
 

Rossum

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The lawsuit contends the companies knew or should have known that a design defective makes the type of battery Anderson bought dangerous for use in e-cigarettes.
Eh? It wasn't in an e-cig. It was a loose battery.

I've "corrected" an exterminator for carrying a loose cell in his pocket. He doesn't vape, but he uses an 18650 flashlight. I gave him a battery case and a better cell than the "CatchFire" one he was using.
 

untar

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Tbh part of me wants him to win purely so vape shops won't sell batteries without a proper protective case, if it's brought by the customer or bought along the battery. Maybe the customer should even sign that they have read battery security guidelines each shop should have a version of.

The other part of me wants him to lose so vapers know they're responsible for their own well being.

It's a tough nut :D
 

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Tbh part of me wants him to win purely so vape shops won't sell batteries without a proper protective case, if it's brought by the customer or bought along the battery. Maybe the customer should even sign that they have read battery security guidelines each shop should have a version of.

The other part of me wants him to lose so vapers know they're responsible for their own well being.

It's a tough nut :D

I'm tired of these Darwin award winners thinking they have no responsibility for their own safety.

We can't follow idiots around and think of every idiotic thing they might try next, nor should we be expected to prevent dumb from being dumb. It's an impossible task.

He gets his award and deserves little else. He could have learned battery safety, he chose not to, or not to heed what's all over the internet.
 
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untar

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I'm tired of these Darwin award winners thinking they have no responsibility for their own safety.

We can't follow idiots around and think of every idiotic thing they might try next, nor should we be expected to prevent dumb from being dumb. It's an impossible task.

He gets his award and deserves little else. He could have learned battery safety, he chose not to, or not to heed what's all over the internet.
I agree that people need to take more responsibility but I think the vendors of batteries need to do so as well.
Someone who has never heard of our batteries might not see any reason to even look for how to handle them or that there's any danger. There certainly isn't danger with AA batteries and the like they put into their tv remote.
Then there's people, especially older ones, who don't have internet or are physically impeded to use a computer, those should still be able to switch to vaping and be safe.

I mean is it really that hard for a shop to sell a case along a battery or to say 1 or 2 sentences regarding safety?
Plus signing a battery safety statement is taking responsibility on the consumer side and in the case of an idiotic consumer the shop can point at it and say "we told you so, that's on you", killing such court cases as above in the crib.

Imo that's not too much asked and the shops will be the ones getting hit by exaggerated regulations anyways.
If only bigT closed system vape pens are allowed and sold in supermarkets/gas stations/younameit there won't be a need for vape shops.
 
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Opinionated

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I agree that people need to take more responsibility but I think the vendors of batteries need to do so as well.
Someone who has never heard of our batteries might not see any reason to even look for how to handle them or that there's any danger. There certainly isn't danger with AA batteries and the like they put into their tv remote.
Then there's people, especially older ones, who don't have internet or are physically impeded to use a computer, those should still be able to switch to vaping and be safe.

I mean is it really that hard for a shop to sell a case along a battery or to say 1 or 2 sentences regarding safety?
Plus signing a battery safety statement is taking responsibility on the consumer side and in the case of an idiotic consumer the shop can point at it and say "we told you so, that's on you", killing such court cases as above in the crib.

Imo that's not too much asked and the shops will be the ones getting hit by exaggerated regulations anyways.
If only bigT closed system vape pens are allowed and sold in supermarkets/gas stations/younameit there won't be a need for vape shops.

When you buy a battery it comes in a cardboard container, most usually. Comes that way when I buy them.. can't see any sane reason for anyone to remove it which means technically it wasn't sold as a loose and unprotected battery.

I wouldn't put it in my pocket like that .. but I wouldn't take it out of cardboard and put it in my pocket either..
 

untar

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When you buy a battery it comes in a cardboard container
There's an endless list of vape shops that sell unpacked lose batteries over the counter. I know some personally and there's evidence in youtube videos with lose batteries on display in vape shops and I can only hope they sell them with a case. It's not a rule that batteries are sold in a box.
 

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There's an endless list of vape shops that sell unpacked lose batteries over the counter. I know some personally and there's evidence in youtube videos with lose batteries on display in vape shops and I can only hope they sell them with a case. It's not a rule that batteries are sold in a box.

Maybe in your country? Not here ... I've never seen them without a cardboard package anywhere. They come from the wholesalers in the individual cardboard packaging - even when you buy in quantity.

Vape shops sell them as they come..
 
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