Fallout starting close to home

[papergoblin]

If a person gets hurt by a device sold to them by a shop, they can sue. It doesn't mean they will win but they can try. The shop would still have to pay a lawyer and even if the shop wins, they still had to pay the lawyer.

The shop's insurance may cover the lawyer and such but the premiums of the insurance are going to up regardless. Then there's the sensationalism from news and such making for bad publicity.

I worked in a gun shop for years. A customer used a weapon in a crime. Everything was done legally but the family still sued and it was a nightmare for years. Our shop won the case and the plaintiff was ordered to pay for our shops lawyer. In the end they didn't have any money to pay. My exboss gets about 100 a month from wage garnishments, but his lawyer fee was over 100k, he'll never recoup what he spent.

 

[WillieB69]

Who needs mechs now but old school vapers/collectors? I am sure Ford T was a great car, but to sell it today? Only as antique car.

Why do we need regular toothbrushes when there are electric ones? Why have some guys (myself included) gone back to single bladed safety razors instead of using five bladed disposable cartridges? Why are people still driving gasoline powered vehicles when electric cars are available? Why do people still go fishing when you can get frozen fillets at the store? Why do people still go to B&M stores for ANYTHING when you can order EVERYTHING online?

It's just another way of doing things. Some people LIKE mechs. Others like regulated devices. Some like both. Just because YOU don't see the need doesn't mean everyone else shares your viewpoint.

 

[KentA]

I prefer mechs.

 

[Rule62]

I prefer mechs.

So do I. I don't own a regulated mod, and have no plans to.

 

[Bad Ninja]

People fear what they don't understand.

 

[Rabbit Slayer]

If you are willing to pay the 300% markup at a B&M you probably aren't ready to use a mech yet anyways

 

[HauntedMyst]

For some reason the movie "Idiocracy" ALWAYS comes to mind when I read a post like Reign's.

Yeah, but to be fair he's really trying hard and improved a LOT in the past few months. I say we keep him around.

So do I. I don't own a regulated mod, and have no plans to.

Bought one to try it, you aren't missing a thing. Well, not a thing. At 50W mine will dry burn a coil very fast but that's about it.

 

[Ryedan]

I was informed last night at my main B&M that they will no longer stock mech. mods. They reached the decision after going over the past few incidences and looking at their possible liability. The owner told me, he doesn't want anyone hurt first and secondly he cannot afford to take on a possible lawsuit.

I get his point and totally understand, I wouldn't want to risk my or my family's livelihood either. It just sucks that some people can ruin it for others. The owner did say he'd order me or any of his regulars whatever they wanted and if it is mechs. he'd do it for cost plus 10%.

Sounds like he's an intelligent man, genuinely cares about people and is also looking out for himself and his family. It's nice that he'll still sell mechs to people he trusts and do it at a discount.

I doubt most US vape shops will be doing this any time soon.

I know it's just mechs. but what's next? That's how regulation has always went, give an inch they take a mile. It reminds me of the NRA fights, they have no problem with regulation, it's just doing it rationally and not with a wide brush but if you give any, they take it all.

This case isn't due to any regulations. Actually the FDA are not looking at battery safety at all as far as I know, they are only concerned with the vapor produced. General battery safety is in the hands of the Consumer Protection folks and AFAIK they are not interested in ecigs currently. I would think that could change if enough people complain.

 

[Oberon75]

If you are willing to pay the 300% markup at a B&M you probably aren't ready to use a mech yet anyways

Not everyone goes to a B&M like that. My purchases at a B&M are often times cheaper than buying online. And they have a generous rewards program. I'm five purchases away from $100 off any purchase.

Sent from my 831C using Tapatalk

 

[DeAnna2112]

The problem with these lawsuits is that the core issue is no warning about dangers and proper use. When these types of devices are sold by stores they should be in a case that has posted warnings about using such devices. Manufacturers should also have pamphlets with the device that covers the same. There is nothing is place that forewarns new vapers that these devices pose a danger and different then other plug and puff devices.

This is where the liability comes back on the shop and the manufacturer time and time ago. We can keep blaming the user, but if the manufacturer and shops do not properly warn of the dangers of these devices and that they are not for the inexperienced...accidents happen..then the question is raised as to why there were no warnings provided by the manufacturer as well as "posted" by the store who is selling it...thus a lawsuit is born.

I was a newbie who was carelessly sold a mech..it was this forum that told me to take it back and why...i was angry to be honest. I thought it was a simple plug and puff device because nobody told me any differently..but yet the store knew i was new to vaping and sold it to me anyway. Had it blown up on me and injured me...you betcha i would of been talking to a lawyer as to why there was no postings in the store or by the manufacturer. Had both provided those warnings and i still bought it...then what ever happened would be on ME.

 

[rhm3769]

Why do we need regular toothbrushes when there are electric ones? Why have some guys (myself included) gone back to single bladed safety razors instead of using five bladed disposable cartridges? Why are people still driving gasoline powered vehicles when electric cars are available? Why do people still go fishing when you can get frozen fillets at the store? Why do people still go to B&M stores for ANYTHING when you can order EVERYTHING online?

It's just another way of doing things. Some people LIKE mechs. Others like regulated devices. Some like both. Just because YOU don't see the need doesn't mean everyone else shares your viewpoint.

You forgot one, why do companies still sell landline telephone services when the majority of people have cell phones now? . Why do the yellow and white pages still get printed and delivered when its available online?

 

[DeAnna2112]

Honestly, any vape shop with a lick of business sense would not only provide warnings signs but also have a lawyer right up a simple release form upon purchase that basically states that the place of business has went over the potential dangers of the device and that customer understands that such device is not recommended for inexperienced users due to risk of injury through improper use.
Vaper signs form problem solved.

Now it's the manufacturers turn to provide the same warning in return in a pamphlet that further goes over warnings about improper use...problem solved. Both the business and the manufacturer have responsibility warned and informed vaper of potential harms that could result from use of device.

Everybody wants to keep pointing fingers at the vaper but nobody wants to put any responsibility or blame on the business practices that is causing the injuries and lawsuits.

 

[WillieB69]

You forgot one, why do companies still sell landline telephone services when the majority of people have cell phones now? . Why do the yellow and white pages still get printed and delivered when its available online?

Oh, I'm sure there's an endless list of stuff but I was using what came off the top of my head to make the point. It's crazy to think just because there is something NEW on the market you have to give up what already works.

 

[englishmick]

Honestly, any vape shop with a lick of business sense would not only provide warnings signs but also have a lawyer right up a simple release form upon purchase that basically states that the place of business has went over the potential dangers of the device and that customer understands that such device is not recommended for inexperienced users due to risk of injury through improper use.
Vaper signs form problem solved.

Now it's the manufacturers turn to provide the same warning in return in a pamphlet that further goes over warnings about improper use...problem solved. Both the business and the manufacturer have responsibility warned and informed vaper of potential harms that could result from use of device.

Everybody wants to keep pointing fingers at the vaper but nobody wants to put any responsibility or blame on the business practices that is causing the injuries and lawsuits.

I'm sure warning labels written by lawyers will start showing up after a few more lawsuits.

All that will do though is protect the sellers. It won't help the buyers. I probably read dozens of detailed posts before I really understood how mechs and batteries work, and how to use them safely. That level of knowledge can't be condensed into a label or a pamphlet.

Unless mechs are banned I'm sure there will be the occasional incident. Probably not many, it seems to be more of a niche thing now. And folks who are interested in that are more likely to know what they are doing.

They have warning labels on hammers about wearing appropriate protective gear. That's not going to help if you absentmindedly decide to move your stepladders and forget there's a hammer sitting on top, and it falls on your head. That happened to a friend of mine once, boy was he embarrassed.

 

[Bad Ninja]

I was a newbie who was carelessly sold a mech..it was this forum that told me to take it back and why...i was angry to be honest. I thought it was a simple plug and puff device because nobody told me any differently..but yet the store knew i was new to vaping and sold it to me anyway. Had it blown up on me and injured me...you betcha i would of been talking to a lawyer as to why there was no postings in the store or by the manufacturer. Had both provided those warnings and i still bought it...then what ever happened would be on ME.

Let's be honest here, and accept the
Responsibility.

You are an adult who carelessly purchased an item you did not fully understand.

Do you expect the doughnut shop employee to educate you about nutrition and a healthy diet?




People have tried to sue Apple for laptop batteries exploding on their crotches.
Take a guess how many were successful?

 

[skoony]

Honestly, any vape shop with a lick of business sense would not only provide warnings signs but also have a lawyer right up a simple release form upon purchase that basically states that the place of business has went over the potential dangers of the device and that customer understands that such device is not recommended for inexperienced users due to risk of injury through improper use.
Vaper signs form problem solved.

Now it's the manufacturers turn to provide the same warning in return in a pamphlet that further goes over warnings about improper use...problem solved. Both the business and the manufacturer have responsibility warned and informed vaper of potential harms that could result from use of device.

Everybody wants to keep pointing fingers at the vaper but nobody wants to put any responsibility or blame on the business practices that is causing the injuries and lawsuits.

The problem is as I see it is these devices are dangerous even to the experienced user. ie., the "I just vented my
battery Bro." posts. I think that for the mech mod market to remain relevant they need to organize themselves
along the lines of other hobbies that abuse their hardware as a mater of course. Flashlight modders and RC
hobbyists.

Regards
Mike

 

[dhood]

Just last night I saw the "Black Friday" sale post from one of our local shops. They are extending the sale for the whole week of Thanksgiving and they are selling ALL of their clone mech mods for $20 or less.

 

[DeAnna2112]

Let's be honest here, and accept the
Responsibility.

You are an adult who carelessly purchased an item you did not fully understand.

Do you expect the doughnut shop employee to educate you about nutrition and a healthy diet?




People have tried to sue Apple for laptop batteries exploding on their crotches.
Take a guess how many were successful?

If this is how the world of vaping is going to work... then i am ashamed to be apart of this aspect of it and see it's down fall coming. Any vaping business that does business this way shouldn't be in business and deserves to be sued and this why they are being sued and losing badly.
So let them continue to be rightfully sued...regs soon will follow thanks to them and those who support their way of doing business..but let's not forget who to point the finger at when it happens though and all the kicking and crying starts.

 

[CMD-Ky]

People fear what they don't understand.

I fear some things because I understand them.

 

[papergoblin]

People shouldn't buy things and not understand what they are buying, ecigs are not hats or shoes, they are not meant to be a fashion statement. Granted shops do need to correctly educate people on usage of any device but many people buy something and don't even read the owners manual when it does have one. I can name a few people that asked me how to do something on their new Android phone, had they read the manual they would have known.

Some people will try to learn all they can before buying, some just buy things on impulse. Some people will read the manual or assembly instructions, while others just look at the pictures on the box. If someone is not going to take the time to learn, they are just as liable as anyone else. There are too many people with the attitude that these tings are just toys and they need to get out of it. These devices are mini electric heaters like many have in their own homes. People make sure there is nothing to catch fire in their home, so what's the difference with their face? The truth is many people do not understand what the devices really are, take as ego with an evod tank (usual starter setup), take off the tank top and you have a firestarter. Some just don't understand these things are not far from the piezo electric cigarette/cigar lighters.