Vape shop sued for over a Million dollars because of exploding battery

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HazyShades

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For most applications other than vaping, most people probably buy a battery, open the pack and install the battery in the device it is intended for, rather than carry them around loose in their pockets. Bit of a difference...


I think in vaping applications most people do the same.
Who reads all the fine print? I do but venture most don't.
You buy the mod, buy some batteries that fit.
Charge them and put them in.
That's why battery safety information and education is so important
especially to vapers.
But I still don't think that the vendor should be legally liable for damages
The negligence lies with the manufacturer for not labeling his product as possibly dangerous
and maybe for defective manufacturing.
But in reality I don't believe anybody should have to pay for the plaintiff's ignorance or misfortune
other than his nationally mandated health insurance plan

Regards,
Hazy:2cool:
 

stevegmu

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I think in vaping applications most people do the same.
Who reads all the fine print? I do but venture most don't.
You buy the mod, buy some batteries that fit.
Charge them and put them in.
That's why battery safety information and education is so important
especially to vapers.
But I still don't think that the vendor should be legally liable for damages
The negligence lies with the manufacturer for not labeling his product as possibly dangerous
and maybe for defective manufacturing.
But in reality I don't believe anybody should have to pay for the plaintiff's ignorance or misfortune
other than his nationally mandated health insurance plan

Regards,
Hazy:2cool:

I've read a lot of posts about people carrying batteries in their pockets or backpacks. I think one lady had her purse catch fire a while ago. Most probably put them in cases, though.

I don't think this guy will win the case or any money, but you would think re-sellers would be smart enough to include a warning label in order to cover any liability they may face...
 

crxess

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I've read a lot of posts about people carrying batteries in their pockets or backpacks. I think one lady had her purse catch fire a while ago. Most probably put them in cases, though.

I don't think this guy will win the case or any money, but you would think re-sellers would be smart enough to include a warning label in order to cover any liability they may face...

This is a fast paced Young industry, but hopefully they well all be smart about these things and learn quickly. Better to promote self regulation than to wait for much more stringent control.
 

four2109

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This is a fast paced Young industry, but hopefully they well all be smart about these things and learn quickly. Better to promote self regulation than to wait for much more stringent control.

They have had plenty of time. What year did Cash get sued? We have been talking about this for years. Vendors like to rely on their customer base finding a website and doing their own research. I really don't have any sympathy for them. What would it cost to include a battery case and safety instructions with the sale of loose batteries. If they haven't covered themselves by now, I'm not going to worry about them.
 

crxess

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They have had plenty of time. What year did Cash get sued? We have been talking about this for years. Vendors like to rely on their customer base finding a website and doing their own research. I really don't have any sympathy for them. What would it cost to include a battery case and safety instructions with the sale of loose batteries. If they haven't covered themselves by now, I'm not going to worry about them.

Have you noticed the explosion(pun intended) of new B&S on the Retail front in the past 6 months alone?
Vaping may have existed in a minimalist way for several years, but the retail and Vaping trend are in an infancy.

Not a justification, just a FACT

My area alone:
Vape shops 12months ago = 0
6 Months ago = 1
Now 6 and counting
Only one of those shop owners has ANY real time/experience behind them. (and I'm sorry to say, they are the most reckless of the lot)
 

caramel

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For most applications other than vaping, most people probably buy a battery, open the pack and install the battery in the device it is intended for, rather than carry them around loose in their pockets. Bit of a difference...

Ever had a walkman?

As for vaping, I would suspect that the vast majority of the e-cigarettes sold are of the non-user-replaceable battery type. Even excluding the cigalikes.
 

crxess

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So far a cell phone in a pocket hasn't self destructed. My LG G3 has a 3000mah flat pack l-ion cell.

An 18650 that's not in a plastic battery holder with a snap top lid isn't really safe.

incorrect:
5 Samsung Galaxy phones that have exploded, literally, and caused some damage - Electronic Products
Iphone Explodes in Pocket - BlackBerry Forums at CrackBerry.com
Fake Nokia explosion injures Vietnam woman | Society | Thanh Nien Daily

Again - ALL this is from some defect in electronics. Properly stored batteries just do NOT explode under normal conditions.
A Baggy is not a reliable protector against anything if it is being rustled around with harder/sharper objects. It was designed to keep a Sandwich Fresh.
I can say with almost absolute certainty a Battery container(Plastic Box) would have prevented this.
If fact it is very likely the battery being in an otherwise EMPTY pocket would likely have prevented this.

NO I do not advocate nor do I pocket carry unprotected batteries.
When I pocket a Mod, it is normally in a Coat or Jacket pocket and easy to get away from the body.
I still understand the risk and the power contained in these batteries.

*I also do not pocket my phone*
 

four2109

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Have you noticed the explosion(pun intended) of new B&S on the Retail front in the past 6 months alone?
Vaping may have existed in a minimalist way for several years, but the retail and Vaping trend are in an infancy.

Not a justification, just a FACT

My area alone:
Vape shops 12months ago = 0
6 Months ago = 1
Now 6 and counting
Only one of those shop owners has ANY real time/experience behind them. (and I'm sorry to say, they are the most reckless of the lot)
Red caps don't really mean much.
Vapers have been stacking batteries since '09 that I know of. Most built their own mods and because of that had more knowledge of the technology that they were dealing with. There were 2-3 stacked batt commercial mods you could buy, and we saw how that played out. The Ego was perfect for the non-modders because it was plug and play, but even that failed when charged on laptops and car chargers.
The website sales exploded in late '09, early '10. So what. It was people taking advantage of a market and some took it responsibly and some didn't. Re-label Chinese liquid and sell it as US liquid. It's been a bit scary to watch this industry evolve. Most of it has been predictable. Much of it has been irresponsible.
I think my first B&M opened in '10 or '11, I guess there are 7 now. I'm not sure because I don't use them.
If all a vendor is willing to do is sit behind the cash register and count profits, that's his business, and he can defend himself.
 

four2109

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If my Verizon HTC One burns my house down, they will negotiate with my insurance company to preserve their market share.
VapeNW, some other obscure ecig site, .... I'm not going to count on that.

A relative had a house fire caused by a robot vacuum. That never made the news. The company settled with the insurance company, just like LI power tool companies do. It's called the cost of doing business, and minimizing risk.
 

crxess

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Red caps don't really mean much.
Vapers have been stacking batteries since '09 that I know of. Most built their own mods and because of that had more knowledge of the technology that they were dealing with. There were 2-3 stacked batt commercial mods you could buy, and we saw how that played out. The Ego was perfect for the non-modders because it was plug and play, but even that failed when charged on laptops and car chargers.
The website sales exploded in late '09, early '10. So what. It was people taking advantage of a market and some took it responsibly and some didn't. Re-label Chinese liquid and sell it as US liquid. It's been a bit scary to watch this industry evolve. Most of it has been predictable. Much of it has been irresponsible.
I think my first B&M opened in '10 or '11, I guess there are 7 now. I'm not sure because I don't use them.
If all a vendor is willing to do is sit behind the cash register and count profits, that's his business, and he can defend himself.

Try this one then.
This thread has become about Educating right?

Does this only Apply to the consumer? Is it automatically implied that a new business owner know every aspect of their new venture?
Strange attitude if you ask me.
I spent over 10 yrs in my field before opening my own business and still got blind sided quite often by unexpected changes and many other obstacles.
Education/Knowledge is not a singular event. It is ongoing through out ones life, be it a consumer of a business owner. I learned for 23yrs while in business.
Demand says we want xxx battery. Supply = look it up and see who will supply this Item the customers request.

When was the last time you informed a business owner they should gather safety information on an item they are selling?

It is easy to sit here bickering. Fact<<< there is that word again> is if the consumer needs to be educated, maybe....just maybe, so do some of these B&M owners.
Sellers are suppliers and often in many different venues do just that. If it is legal to sell and people request it, sell it.

The whole argument is moot anyway.
How many people have shot themselves shoving a pistol in a pocket? To many! Yet they still do it.
 

jseah

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I remember back around 15 years ago or so, I used to carry a Nokia 6160 cell phone. Back in those days, the first thing I did when I bought a new cell phone was to purchase an extended battery (usually from ebay). Those batteries were typically some cheap knockoff made in China and they were NiMH. For the most part, they worked well. One time I had plugged the phone in to recharge and for some unknown reason, the battery overheated.....to the point where it was very noticeable and the phone turned off. I probably had used that battery for several months at that point and I unplugged it, swapped out to a different battery and didn't think much of it. I do recall using that battery again after that and it didn't overheat again.

So the moral of the story is sometimes odd things do happen. Especially when those old cell phone batteries were not just a simple battery cell in a plastic housing, but it included circuit boards and the little mechanism that caused the battery to vibrate when a call came in. The more "moving parts" you have, the greater the chance of failure.
 

four2109

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I hate reading through all the safety information in products I buy, but I understand that it is there for a reason.
I understand that someone might buy a chainsaw who has never used a chainsaw before.
I learned a lot reading the safety information for my riding lawn mower because it was my first riding lawn mower. Yes, I then disabled the idiot switches. If it mows over me with the blade engaged, it's my fault. I accept that because I am aware of the risk and accept it.

I don't charge my ecig batteries unattended or while I'm sleeping because I am not willing to accept the risk. I also don't leave them in hot cars.

I am not here to educate. This is a social forum. Some might not like me saying this but, this is a vendor driven forum, and the members have handled the marketing, consumer support, consumer reviews, technical support, and now damage control. The vendors have to accept responsibility at some point.
There are probably a few here who remember vendor "Associates". Those were members who, when they referred other members to their sites were given kickbacks, store credits...etc. It's been an evolving industry.
 

AndriaD

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incorrect:
5 Samsung Galaxy phones that have exploded, literally, and caused some damage - Electronic Products
Iphone Explodes in Pocket - BlackBerry Forums at CrackBerry.com
Fake Nokia explosion injures Vietnam woman | Society | Thanh Nien Daily

Again - ALL this is from some defect in electronics. Properly stored batteries just do NOT explode under normal conditions.
A Baggy is not a reliable protector against anything if it is being rustled around with harder/sharper objects. It was designed to keep a Sandwich Fresh.
I can say with almost absolute certainty a Battery container(Plastic Box) would have prevented this.
If fact it is very likely the battery being in an otherwise EMPTY pocket would likely have prevented this.

NO I do not advocate nor do I pocket carry unprotected batteries.
When I pocket a Mod, it is normally in a Coat or Jacket pocket and easy to get away from the body.
I still understand the risk and the power contained in these batteries.

*I also do not pocket my phone*

I don't have an actual "battery case"... but I do have the original little square boxes the batteries came in; when I need to carry spares, I put the battery in its box, then that box in its own individual small ziplock; those small ziplocks are then placed in my "makeup bag" which I've dedicated to vape gear. It's not perfect, but it serves to make sure that nothing comes in contact with the poles of the batteries.

Andria
 

DaveP

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Those little slot snap top 18650 cases are only a couple of bucks each from the vendors. I really like the insulation they provide from metal contact.

th


battery-case-4x-18650.png
 

Underwhelmed

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Those little slot snap top 18650 cases are only a couple of bucks each from the vendors. I really like the insulation they provide from metal contact.

th


battery-case-4x-18650.png

I use the first type you show. I got 10 of them from a US based eBay seller for $7.50.

10 x 18650 16430 Battery Plastic Storage Case Box White | eBay

So tell me again folks, why can't B&M stores offer these at a decent price or even for free with battery purchases? Since most of them are buying everything from China anyway their costs should be lower than mine.
 
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