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

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

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  1. newsyn

    newsyn New Member

    Feb 27, 2018
  2. bacc.vap

    bacc.vap Vaping Master Verified Member ECF Veteran

    May 18, 2011
    Virtualville
    Let me guess. Did he also have metal objects in his pocket, like keys or loose change?
     
    • Agree Agree x 2
    • Winner Winner x 1
  3. Kent C

    Kent C ECF Guru Verified Member ECF Veteran

    Jun 12, 2009
    NW Ohio US
    "Will he win?"

    No.
     
    • Agree Agree x 4
  4. AzPlumber

    AzPlumber Vaping Master Verified Member ECF Veteran

    Aug 28, 2011
    Arizona
    Thread title says e-cig, post says spare battery. Was the thread title intended as click-bait?
     
    • Agree Agree x 2
  5. Rossum

    Rossum Surly Curmudgeon Verified Member ECF Veteran

    Supporting member
    Dec 14, 2013
    NE FL
    Winner, winner, chicken dinner!
    "Anderson was carrying the spare battery, his car keys and coins in his left front pocket of his pants"
     
    • Like Like x 2
    • Agree Agree x 1
    • Funny Funny x 1
    • Useful Useful x 1
  6. Rossum

    Rossum Surly Curmudgeon Verified Member ECF Veteran

    Supporting member
    Dec 14, 2013
    NE FL
    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.
     
    • Winner Winner x 2
    • Agree Agree x 1
  7. Rossum

    Rossum Surly Curmudgeon Verified Member ECF Veteran

    Supporting member
    Dec 14, 2013
    NE FL
    I'm not as confident as you are. Does he deserve to win? Oh heck, no. But juries are known to by far more sympathetic to random acts of stupidity than they should be.
     
    • Agree Agree x 3
  8. Marc411

    Marc411 Vaping Master Verified Member ECF Veteran

    Supporting member
    Mar 17, 2014
    Windy City
    Yes, battery, keys and change in the same and shorted it. How can someone think that keeping change, keys and a high powered battery in you pocket all day at work is an option.
     
    • Agree Agree x 2
    • Informative Informative x 1
    • Optimistic Optimistic x 1
  9. puffon

    puffon Vaping Master Verified Member ECF Veteran

    Sep 18, 2014
    The Villages, FL
  10. puffon

    puffon Vaping Master Verified Member ECF Veteran

    Sep 18, 2014
    The Villages, FL
    • Informative Informative x 2
  11. untar

    untar Ultra Member

    Feb 7, 2018
    Germany
    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
     
    • Like Like x 2
  12. Opinionated

    Opinionated Vaping Master Verified Member ECF Veteran

    Supporting member
    Aug 19, 2015
    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.
     
    • Like Like x 1
  13. zoiDman

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

    Supporting member
    Apr 16, 2010
    So-Cal
    E-Cig explodes in man's pocket, he's suing the shop. Will he win?

    Is an Out of Court Settlement considered a Win?
     
    • Like Like x 1
    • Optimistic Optimistic x 1
  14. untar

    untar Ultra Member

    Feb 7, 2018
    Germany
    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.
     
    • Like Like x 1
  15. AzPlumber

    AzPlumber Vaping Master Verified Member ECF Veteran

    Aug 28, 2011
    Arizona
    Coins/keys and a battery in a pocket has been an unacceptable practice long before e-cigs and li-ion.
     
    • Like Like x 1
  16. Opinionated

    Opinionated Vaping Master Verified Member ECF Veteran

    Supporting member
    Aug 19, 2015
    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..
     
  17. Beamslider

    Beamslider Ultra Member Verified Member ECF Veteran

    May 29, 2017
    San Francisco
    He probably won't win and shouldn't. But who knows in today's crazy world.
     
    • Agree Agree x 1
  18. untar

    untar Ultra Member

    Feb 7, 2018
    Germany
    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.
     
  19. Opinionated

    Opinionated Vaping Master Verified Member ECF Veteran

    Supporting member
    Aug 19, 2015
    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..
     
    • Winner Winner x 1
  20. Beamslider

    Beamslider Ultra Member Verified Member ECF Veteran

    May 29, 2017
    San Francisco
    I have only purchased batteries in a couple different vapes shops here. Both are reputable shops with legit batteries. Both had them in cardboard boxes and also gave a plastic holder with them
     
    • Like Like x 1
    • Agree Agree x 1
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