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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. untar

    untar Ultra Member

    Feb 7, 2018
    Germany
    How do you know every single vape shop in the US sells batteries only individually packed? I find this hard to believe. Not all manufacturers individually pack their cells for transport
    [​IMG]
    A simple cardboard box also doesn't tell the uninformed consumer that there may be any danger.
    I don't see the harm in vape shop personnel telling a new vaper that the batteries can be dangerous, it doesn't cost any money or much time to do that and they may even sell an extra plastic case, really don't see what the problem would be with that.

    If people were warned and still act stupid then nobody can point at the vape shops and complain.
    Even more experienced vapers can do silly things (like not taking off rings when rewrapping batteries) and there I'd agree it's on them and not on the shop because they're doing advanced stuff.

    That is not saying the man from above should win the lawsuit, I don't think he should but I can understand there could be arguments so he will.
    If the vape shop had a signed statement from him that he is aware of the dangers then there wouldn't be a lawsuit.
     
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  2. Beamslider

    Beamslider Vaping Master Verified Member ECF Veteran

    May 29, 2017
    San Francisco
    True but that being the case, how do you know that the place that sold him the battery didn't warn him?
     
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  3. untar

    untar Ultra Member

    Feb 7, 2018
    Germany
    I'm not saying that and I don't know. I'm saying if they had proof they warned him there wouldn't be much of a lawsuit and I'm saying certain vape shops could do more for battery safety, not necessarily including the Wichita store.
    Most stores I know do an awesome job at it and the ones doing a really poor job probably are the vast minority.
     
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  4. Beamslider

    Beamslider Vaping Master Verified Member ECF Veteran

    May 29, 2017
    San Francisco
    Here's a link to the story.
    https://www.usnews.com/news/best-states/kansas/articles/2018-02-27/kansas-man-sues-vape-shop-for-e-cigarette-battery-explosion?int=news-rec
    WICHITA, Kan. (AP) — A man is suing a Wichita vaping shop after he says a spare battery for his e-cigarette exploded in his pants pocket.

    Daniel Anderson filed a lawsuit Feb. 6 in Sedgwick County against Big E's Vapor Shop, the Wichita Eagle reported .

    Anderson was carrying the lithium ion battery, his car keys and coins in his pants pocket in February 2016, according to the lawsuit. The touching metal items caused a short to the outside of the battery, which then overheated and exploded.

    The companies also failed to warn customers of the risks, according to the lawsuit.

    "Nobody thinks twice about putting a battery in their pocket," DeVaughn said. "You have an extra one, that's the first place it's going to go."
     
    • Informative Informative x 1
  5. Beamslider

    Beamslider Vaping Master Verified Member ECF Veteran

    May 29, 2017
    San Francisco
    Since his lawyer is saying everyone carries them in their pocket. Not sure he will get far
     
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  6. Beamslider

    Beamslider Vaping Master Verified Member ECF Veteran

    May 29, 2017
    San Francisco
    I think the real question is if you buy something, misuse it and get hurt. Is the seller at fault? No personal responsibility?
     
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  7. Rossum

    Rossum Surly Curmudgeon Verified Member ECF Veteran

    Supporting member
    Dec 14, 2013
    Southbound :)
    Sadly, juries often don't much believe in personal responsibility.
     
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  8. untar

    untar Ultra Member

    Feb 7, 2018
    Germany
    I'm not arguing against personal responsibility, I'm arguing for proper information about risks and vape shops covering their behinds. We don't need our opponents to have more arguments and it never hurts to have a self aware industry that can regulate itself just fine without government seeing a need to step in (I know this sounds like I'm dreaming ;) ).

    If one is selling something dangerous I don't think it's safe to assume the buyer will always be aware of it, other dangerous/explosive goods usually have warning signs on them, our batteries don't.
    It costs nothing to mention it and a transport case for batteries also costs next to nothing. I'm not advocating for a hour-long course on battery safety, only a bare minimum.

    The reason behind that is that I don't want to see our choice being regulated away by some silly control freaks.
     
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  9. retired1

    retired1 Administrator Admin Verified Member ECF Veteran

    Supporting member
    Apr 5, 2013
    Texas
    So, this is how the press gets "comments" for an article? Post some obvious click bait and then sit back and cherry pick the good comments?

    If the OP wants to be educated on e-cigarettes, they only need to ask in the New Member's forum and our membership will be more than happy to enlighten you.

    However, posting obvious click bait in the hopes of getting something juicy is not the way to win friends, and often incurs the wrath of the staff.

    Closing
     
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