Fallout starting close to home

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KentA

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I agree its very rude to put that comment on the gofundme page, although I sort of understand why he did. The incident gives the appearance of being possibly false based on the photo provided. The mech mod appears to be in perfect condition. So does the clone Subtank aside from the missing glass. Is it possible this man was injured from something else and the family is lying? I don't know, but I'm questioning it myself.
The only time I've had a mod look like that-- I dropped it.
 

beckdg

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Why is there soo many aspects to the vaping industry that lacks common sense and seeks to sabotage itself by bringing on regs..it's just mind boggling. If you are going to sell certain devices that pose a danger to inexperienced users knowing it will likely result in accidents...and those accidents are going to lead to regs...why would any business person not go the extra mile to ensure that customers know the dangers before buying and guide them to something more fitting and safe to prevent these problems.

......Instead what i hear on this forum is it's the users fault for wanting to stop smoking, stops by a shop for the first time to see if vaping is a option for them, and then gets sold a device by store personnel who are fully aware that this person has no working knowledge on how to properly use it safely....and according to some that is ok and the users fault when they get harmed. That is just sick thinking for any industry to practice and be ok with...this is not going to end well for the vaping industry so let's just sit back and see how it works out for those who are ok with these types of practices and oppose common sense business practices to avoid regs.
Does Lowe's make you pass a course and get certified to purchase a...

Power saw?
Lawn mower?
Wood chipper?
Chain saw?

Does Michaels make you pass a certification to purchase a...

Hot glue gun?
Stained glass soldering iron?
SCISSORS?

ALL of these items are as or more dangerous than a mech mod...

Tapatyped
 

roxynoodle

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The only time I've had a mod look like that-- I dropped it.

With such serious injuries I feel for the man, but I'm also suspicious his injuries may not be from what he says they are from. Possibly I'm just suspicious by nature, but sometimes people lie also hoping for financial gain via lawsuits and/or donations.

I hadn't read the gofundme page as a good friend's son is battling liver cancer. Their expenses are astronomical right now. He has been hospitalized for more than 3 weeks now in Cleveland, 2 hours from home. Had 4 surgeries in that time. He is 18 so lodging is not being provided for his parents at Ronald McDonald house. When I have spare money I donate to him. In fact I've sold some high end gear lately to make bigger donations.
 

beckdg

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Well i guess we will see in time how well your way of thinking in how businesses should conducts themselves works out for the vaping industry.
No

We wont.

The money grab won't allow it to make it that far.

Or the industry will evolve if by some miracle the money grab doesn't decimate it.

Tapatyped
 

skoony

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Is it too much to ask that sellers post warnings so vapers will know these type of devices are not for the inexperienced? is it too much to ask that manufacturers provide pamphlets explaining the dangers to avoid?
No its not to much to ask. It would be a nice touch. That is not the problem.
The problem is the customer puts his or hers money on the counter and says
I want that,shut up and take my money. People are not just aimlessly wondering
into vape stores and making impulse purchases. Most have at least an inkling
of what vaping is. Older people like myself whom after a lifetime of smoking
would tend to lean towards the simpler stuff. Cigalikes and ego type set ups.
We tend to get what we need not necessarily what we want. At any rate I
wasn't going to spend north of a hundred bucks and still need a charger and
battery. People my age tend to take battery safety to heart. Do you remember
when one did maintenance on your own car battery? You actually checked the fluid level
and added fluid if needed. How to Check Car Battery Water Levels
I can't remember all the times my dad berated me for leaving batteries in stuff
long enough for the acid to leech out. Most car batteries today have sealed ports.
Use it till it dies and get a new one.
Today's younger generation uses more battery powered devices than any other
generation since before electrical service was widely available. We all have
heard of exploding cell phones and laptops. We should all beware of the dangers.
Back in the day people were frequently injured maintaining their car batteries.
I am not aware of any one suing the battery makers back then. I find it hard to
believe there is whole segment of the population whom seem to be blissfully
unaware that a battery can be dangerous. The fact that most of these mods
when you get into the sub-ohm range are nothing more than glorified battery
degraders doesn't help either.
Its not a warning problem. Its an I want that one because its more
bigger than my bro's,problem.
:2c:
Regards
Mike
 

JMarca

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We live in a generation of instant gratification, you see something you want it right away, this is especially true in this industry as we push forward with new and evolving technology. Not saying that's a bad thing but I feel users should do a bit more research about what they're buying before they pull the trigger.
 

Jman8

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If I buy a chainsaw and hurt myself or damage property, is it the saw's fault or mine? It does have a foot of carnage making steel hanging right off the front of it. If I buy a car and speed then kill someone, is it my fault or the car, maybe the car shouldn't be able to go so fast, maybe there should be a safety on it that will only allow it to go the posted speed limit. I buy a house with a fireplace and burn it down, guess the builder is at fault. I buy a Christmas tree and poke my eye out putting it together, guess the tree company owes me money for making to realistic trees. I buy a pool and drown, guess my family should sue the pool company because I didn't know how to swim.

People buy things all the time that they do not know how to use. Rational people learn how to use a product before hand, others just open the box and go to town with it. Mech. mods are not dangerous at all, batteries now those can be dangerous. Most of us have used mech. mods since we were kids, we just called them flashlights. I have yet to have a coil 'pop' on a mod of any type and get a short, I've popped a lot of coils setting them up when using small wire it just loses a leg and no longer makes a connection (open circuit) same as turning off a light switch in your home.

These arguments about mechs. remind me of the stories of Edison vs. Tesla, Edison tried his best to ruin Tesla because he thought AC was too dangerous and DC was the safest option. Edison killed animals to prove his point, he basically made unsafe situations that didn't exist just to say he was right. This is how the electric chair was born, by a person so self centered and self serving, that he couldn't get out of his own head to see the real world around him.

Some people have a fear of mech. mods based on rational sensible reasons, these people can/will make good sound reasons against them, I'm fine with these people. Then there are the people that are scared to death of them but most of their reasoning is based on sensationalized stories or situations. Some people see a mech mod and think it's some kind of voodoo black magic that was spawned by the devil himself. Then they want to act like a priest at an exorcism running around yelling, out thy vile demon be gone from our midst.

My exact thoughts. I was also going to bring up the donut situation mentioned earlier. I go into donut shop and order 3 dozen. They bag them, give them to me and I purchase it. Before I leave I ask, "are these safe to eat?" and I hold up the entire bag. They say yes, of course. I go home and attempt to eat all 36 donuts in one sitting. I get very very sick. Who's at fault? According to some in this thread, it would be the person that sold it to me, no? I asked them directly, while holding up the entire bag, are they safe to eat. They said yes, and I proceeded to eat them and got sick. Had they explained to me the exact amount I could eat in a sitting, then perhaps I wouldn't have gotten sick. Therefore, it is mostly their error in not explaining that thoroughly.

To me, the education thing easily goes two ways. I can't see any possible salesperson answering all the conceivable questions I might have at time of sale. If they neglect to address even one of those (and let's say I have literally 200 questions), then is it their fault for not taking the time to inform me in the way I sought to be informed? Especially if I go home and try to test out one of the scenarios they didn't mention and it backfires on me? This is precisely what some in this thread are stating.

You speak of "compassion" well where the heck is that for the vendor in these cases of tragedy? Instead it seems like foregone conclusion that they will be sued and tough tooties for them if that happens. How is that compassionate? How is it empathetic to say, "they shouldn't be in business" without knowing to what lengths they did go to to try and inform? And even if they didn't inform, where is the compassion in that case? You can accept ignorant customer making a tragic mistake, but if ignorant salesperson makes mistake (and doesn't inform), then they shouldn't be in business??? The logical rebuttal to that is that ignorant people shouldn't be using these products.

Me, I'm an ignorant person when it comes to mech mods. I acknowledge this without hesitation. I would be foolish to use these without having at least 200 of the questions I might ask addressed in way that makes most sense to me, and that would be researching on my own, asking questions where I have opportunity to interact, and not be rushed because my other 199 questions have caused a line so long behind me in a store that the clerk simply has to limit me on the questions I have conceived of, that make perfect sense to me, to ask before I try the device out.

So, if there are other ignorant people who are buying these products and not getting informed, all on their own, before they test scenarios out that make perfect sense to them, then that is on them.

If it is design flaw, and that can be established via thorough investigation, then that is on manufacturer (and really in no conceivable way would it be on vendor).

It is great service when any vendor provides information at or before point of sale. But that really shouldn't be a market wide expectation or anything that is mandatory. Primarily because I'm certain that I could think of questions (scenarios) that they haven't covered in their bit of education, and if that is lacking, then who is at fault for testing out those scenarios before they got educated? The vendor? Please. If you think that, let's have that discussion, cause I feel confident anyone holding that position would back off if taken to task on it. And I'm thinking most wouldn't even care to be taken to task on it, because they talk compassion, but have their own limits on what they will tolerate, before it becomes a matter of, "hey, if you have all these concerns, I suggest you do some investigating on your own, I don't have time for all this nonsense." If you feel patient enough and courageous enough to discuss otherwise, I'd love to have that discussion with you. Let's see how well you fare.

I'll be waiting.
 

Mike 586

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Jman8

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Again, meaningless as the FDA is looking to regulate the vaping industry, not Bonami, Clorox or chainsaws.

And until regulations exist, then eCig device liability is meaningless, no?

To the degree there is disagreement on this would be same degree that it is not meaningless in other under regulated industries.
 

Jman8

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Is it too much to ask that sellers post warnings so vapers will know these type of devices are not for the inexperienced? is it too much to ask that manufacturers provide pamphlets explaining the dangers to avoid?

Absolutely, not too much to ask. I would encourage asking. When it becomes a demand or mandatory, I foresee problems. Rather easy problems that could be avoided by simply not making it mandatory. For there is no conceivable way pamphlets and warnings would cover all scenarios. The only warning that would make sense is "not intended for inexperienced users." But where is the product that exists that is intended for inexperienced users? I'd like to see how well that product is fairing in place where people are lawsuit happy.

Most people do not differentiate between the dangers of various vaping devices..most assume they are all plug and puff and why wouldn't they? if i go buy a chainsaw i can clearly see the dangers..if i fire up a fire place i can clearly see the dangers..if i go buy a vape device they merely vaporizes a liquid to inhale i certainly do not see the danger...and most devices do not pose a danger..it's these select ones...so without store/manufacturer providing that info before buying, a vaper has no reason to assume some are different and therefore dangerous if you don't have an extensive working knowledge on how to safely use them. This is where the store and manufacturer come into play alerting them of this.... yet some oppose this very simple responsible step to prevent harm as well as regs....((sigh))

I (aggressively) oppose the mandatory nature of making a market fit into a (an alleged) on size fits all. Again, you're never going to come up with such education/warnings that will cover all situations. You can try, but failure on this will mean all we have in the market is those looking to scam off it and those who are navigating through it by taking on responsibility themselves. And it will visibly reek havoc on the market if that scenario where mandates are in place occurs. It'll then make it seem like all industries ought to have mandates, and eventually that all situations will have need to conform to a mandatory way in which life ought to be lived.

If those things are in place and someone still buys the device..whatever happens is on them because both the shop and manufacturer provided the appropriate guidance and warnings for an individual to make an informed decision on the dangers of the device. They get hurt it's not because they were not warned about the dangers of the device like it is now ...and why soo many are getting hurt.

Would depend entirely on the danger, if I am understanding your position from why warnings are needed at all. They may be warned about some dangers, but if they find scenario to test out that wasn't warned to them about, then according to what you're suggesting, it is not their fault for taking those actions, but the fault of the person who gave/sold it to them and not warning them about that specific scenario.
 
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WharfRat1976

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Selling a sealed metal tube with an Li battery in it to any clown that walks in the door is pretty dumb. Warnings or not. Anyone can sue anyone for anything at any time. One law suit puts any B&M out of business for the most part. You can sue with merit or without merit. It doesn't matter. Liability and negligence is complex but I would not want to be the shop owner involved in these incidents.
 
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Jman8

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Selling a sealed metal tube with an Li battery in it to any clown that walks in the door is pretty dumb. Warnings or not. Anyone can sue anyone for anything at any time. One law suit puts any B&M out of business for the most part. You can sue with merit or without merit. It doesn't matter. Liability and negligence is complex but I would not want to be the shop owner involved in these incidents.

I wouldn't want to be the clown either. They strike me as equally dumb.

Perhaps they deserve each other?
 

roxynoodle

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Selling a sealed metal tube with an Li battery in it to any clown that walks in the door is pretty dumb. Warnings or not. Anyone can sue anyone for anything at any time. One law suit puts any B&M out of business for the most part. You can sue with merit or without merit. It doesn't matter. Liability and negligence is complex but I would not want to be the shop owner involved in these incidents.

Unfortunately this is true.

The judge may decide the lawsuit lacks merit and throws it out. Then the plaintiff may refile or give up. I would expect eating too many donuts would be in this category.

Or the judge may decide the lawsuit has enough merit to present to a jury and allow it to proceed. Someone being injured badly enough to require hospitalization...I would expect that may fall into this category.
 

Jman8

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Unfortunately this is true.

The judge may decide the lawsuit lacks merit and throws it out. Then the plaintiff may refile or give up. I would expect eating too many donuts would be in this category.

Or the judge may decide the lawsuit has enough merit to present to a jury and allow it to proceed. Someone being injured badly enough to require hospitalization...I would expect that may fall into this category.

What if person eating too many donuts was injured badly enough to require hospitalization?
 

bluecat

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No
There is no law in the US that says a shop owner is automatically responsible for the actions of a customer after they buy an item.
The customer is responsible for their own actions unless the product was misrepresented.

Nice ride.

The sad thing is that in this litiguious country we live in, just the amount of attorney fees defending a lawsuit can put a small business out of business.

Funny thing. My 17 year has her first job, at a movie theater. She was working Box Office (ticket selling). A person came in that purchased tickets online. The came back in a tizzy and yelled at her for giving them the wrong seats. She held her cool and said I can refund them and give you different seats. The little princess and her boy toy replied, you better or I am going to sue you. I felt so bad, but I laughed for 10 minutes after she told me. First of all they bought their seats when they purchased them online.

Man.. I gotta tell you the other countries are right. We got a bunch of stupid Americans here and this product liability just breeds us to be dumber as does the government.
 

englishmick

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People my age tend to take battery safety to heart. Do you remember when one did maintenance on your own car battery? You actually checked the fluid level and added fluid if needed.

Yup. I remember that.

I find it hard to believe there is whole segment of the population whom seem to be blissfully unaware that a battery can be dangerous.

I'm that guy. Hey, I used thousands of batteries in hundreds of gadgets. Why would these batteries be different? Luckily I found out before I blew myself up. You would think they would at least put a note somewhere explaining that those batteries could be dangerous. Oh wait, they did do that. But I ignored it.
 
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