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

[jseah]

We all pay for these stupid law suits those silly warning all drive the price of the products up a little. Personally I think its a shame grown men have the gall and lack of pride to sue someone for their own oversight.

This is why the cost of health care and prescription meds in the US is the highest in the world. To cover all those malpractice insurance premiums. Until my brother retired a couple of years ago, he was a cardiologist. I remember him mentioning once that his annual malpractice insurance premiums were over $150k a year. Luckily, he worked for a major HMO hospital, so his employer paid the premiums. This goes far in explaining why doctors will bill you a couple of hundred dollars just to glance in your general direction.

 

[chad]

People carry batteries in ziplock bags in their pockets? My pockets don't have room for this kind of thing!

 

[Completely Average]

Completely Average, where did those pics come from?

WFAA website. Local Channel 8 news here in Dallas.

http://www.wfaa.com/story/money/con...s-suit-over-exploding-e-cig-battery/70191786/

 

[edyle]

we need to let Judge Judy handle this one....

imagining her saying... you had a battery in your pocket with loose metal parts too??? Dont you realize a battery is electrical... and metal can make it spark....
didnt you know about protective battery cases???

That makes sense for somebody accustomed to lithium batteries, somebody used to everready and Duracell, a battery that just dies in the pocket is different from a battery that explodes in the pocket.

 

[SissySpike]

Well to be fair we are all jumping to conclusions. So lets say the guy did nothing wrong there was no keys in his pocket. He was sold a counterfeit battery thinking he was getting a branded battery. He was just the unlucky person to get the bad battery and it went thermal in his pocket. Then I say shame on Vapor Vixen. IMO anyone who sells garbage knock offs as the real thing is a low life and a thief.

Unfortunately this is the exact reason we get regulations in to play. If its as described as above the vendor is the bad guy and should be held accountable

But with out knowing all of the facts we are all jumping to conclusions, and I do feel badly for the guy Im sure he has some bad pain getting his jewels burned!

 

[ThunderDan]

I find it odd how the story drops this week, yet the incident took place 7 months ago.

Sent from my Nexus 6 using Tapatalk

 

[AndriaD]

the guy is in the wrong state for a lame law suit. I think its a hangin offense in Texas to be a liberal and a judge. We like our judges to be grouchy mean amd hard nosed. Some of the law suits we think are frivolous have some merit but we only here what the corporate propaganda machine throws out ther to get John Q on their side.

We all pay for these stupid law suits those silly warning all drive the price of the products up a little. Personally I think its a shame grown men have the gall and lack of pride to sue someone for their own oversight.

It's those touchy egos (not the vaping kind!); god forbid anyone should think THEY were stupid, so it HAS TO BE someone else's fault. When my husband screams at me... somehow that's my fault. Or those men who slap their wives around... oh, it must be the wives' fault that the man has the anger management skills of a 2 yr old.

A battery goes boom in his pocket? Oh, it must surely be CHINA'S fault, they FORCED HIM AT GUNPOINT to carry that battery loose in his pocket with keys and change.

Andria

 

[crxess]

Well to be fair we are all jumping to conclusions. So lets say the guy did nothing wrong there was no keys in his pocket. He was sold a counterfeit battery thinking he was getting a branded battery. He was just the unlucky person to get the bad battery and it went thermal in his pocket. Then I say shame on Vapor Vixen. IMO anyone who sells garbage knock offs as the real thing is a low life and a thief.

Unfortunately this is the exact reason we get regulations in to play. If its as described as above the vendor is the bad guy and should be held accountable

But with out knowing all of the facts we are all jumping to conclusions, and I do feel badly for the guy Im sure he has some bad pain getting his jewels burned!

I will not argue cheap/counterfeit/junk/etc. on the topic. However I will argue that a Static Battery has little chance of going thermal. Something HAS to excite or short it. Even an internal short has to be caused.
If the battery was already internally shorted, it would be dead or Blow on a charger.

Sorry, but likely this one had other metal objects in pocket or Dropped the battery, picked it up and placed it back in pocket.

I find it hard to Believe this battery made it from China to the Birthday celebration then went Thermal on its own.
To deny ones own responsibility is plain pitiful.

Sign sign everywhere a sign.................I'm sick of signs and people that constantly need them

 

[SissySpike]

I will not argue cheap/counterfeit/junk/etc. on the topic. However I will argue that a Static Battery has little chance of going thermal. Something HAS to excite or short it. Even an internal short has to be caused.
If the battery was already internally shorted, it would be dead or Blow on a charger.

Sorry, but likely this one had other metal objects in pocket or Dropped the battery, picked it up and placed it back in pocket.

I find it hard to Believe this battery made it from China to the Birthday celebration then went Thermal on its own.
To deny ones own responsibility is plain pitiful.

Sign sign everywhere a sign.................I'm sick of signs and people that constantly need them

Im not siding one way or another just throwing alternative views out there

we are quick to judge when the news reports an incident. Because no one wants the goberment regulatory boards to get involved, so Its easy to say it was the guys fault hes a dummy so on and so fourth.

you post is full of good reasons why a battery can go bad but you are just throwing out some guesses none are the true facts of this incident.

Heres another story that could of happened. They sell charged batteries ready to use they guy grabs a battery because he will need one to get threw the evening and its goes thermal in his pocket threw no fault of his. This is just as doable as he shorted the battery. We just dont know and forming an opinion on speculation is what we all hate about ants and others who think we should not be vaping so we should not do it our selves.

I do think its likely the guy had a set of keys or a pocket full of change a ziplock bag is not much protection but I dont know so I cant really say for sure.

 

[ThunderDan]

Got a pair of 25Rs in the mail today. Just opened the box, and found this inside. kudos to them.

Sent from my Nexus 6 using Forum Fiend v1.3.1.

 

[crxess]

Im not siding one way or another just throwing alternative views out there

we are quick to judge when the news reports an incident. Because no one wants the goberment regulatory boards to get involved, so Its easy to say it was the guys fault hes a dummy so on and so fourth.

you post is full of good reasons why a battery can go bad but you are just throwing out some guesses none are the true facts of this incident.

Heres another story that could of happened. They sell charged batteries ready to use they guy grabs a battery because he will need one to get threw the evening and its goes thermal in his pocket threw no fault of his. This is just as doable as he shorted the battery. We just dont know and forming an opinion on speculation is what we all hate about ants and others who think we should not be vaping so we should not do it our selves.

I do think its likely the guy had a set of keys or a pocket full of change a ziplock bag is not much protection but I dont know so I cant really say for sure.

I agree, we may never know the Real truth. It could just as easily be Universal Karma.
From the Article:

He purchased the power pack at the Vixen Vapors in Pantego last summer. A couple of days later, he said the battery suddenly blew up.

I have personally had new purchased batteries in/out of a Mod/charger several times in a few days.

Original story, he was playing Kickball:
http://www.kansascity.com/news/nation-world/national/article13641080.html

 

[Bad Ninja]

Society today has no sense of responsibility.

No one forced this person to vape.
The person did so for their own reasons. Vaping is obviously safe, we all do it everyday.
It CAN be done safely.
Or you can get hurt if you act like an idiot.

Same thing applies to filling a car with gasoline.

You can't ban things because stupid people get hurt by not educating themselves before trying to be cool.

"Look before you leap". Use some common sense.

 

[Shotglass]

Nature has the only sure cure for stupidity.......

+1
However, our "Caution your dumb..... shouldn't do this" signs that we have put on everything has circumvented nature - darwin - etc.

I say let the idiot lean over 5 feet to use a metal pry bar to work on his outside light wiring in a thunderstorm while standing on the top step of that 40 foot high metal step ladder that is leaning against the power lines leading to his 3rd story window - one less stupid dna sample in the gene pool.




Oh, yeah - i forgot to add that he was also drinking hot McDonald's coffee.

/rant

 

[skoony]

Nope, because those industries have covered themselves with safety documentation. We knew this was coming.

one is not required to post warnings about products that have
warnings already listed on them.
they would have to convince a jury that the store was negligent
for not warning the buyer to read the warnings on the product.
regards
mike
after reading other post i should rephrase and and
say the store owner as seller is not necessarily required
to post warnings about products that should have warnings
already accompanying them.

 

[WattWick]

At least the battery had the right idea.

 

[crxess]

one is not required to post warnings about products that have
warnings already listed on them.
they would have to convince a jury that the store was negligent
for not warning the buyer to read the warnings on the product.
regards
mike

Crap - My 18350 ultrafire's(eVic only) have more warning than the Efest

Don't think I have EVER seen anything official stating Batteries are SAFE to Pocket Carry.

 

[AndriaD]

Vaping has actually made me safer, with respect to batteries. I don't know if the same cautions are true of "regular" (alkaline) batteries, but used to, if I was going somewhere that I might take a lot of pictures, I'd just stash a couple extra AAs in the side pocket of my purse -- loose. Nothing bad ever happened, thank GOD, which is why I don't know if alkaline batteries are as volatile as the kind we use, but I certainly don't do that anymore; I now put each AA battery in a small sturdy ziplock (thanks vaping, for providing all those small sturdy ziplocks in vapemail!).

But it's true that most people don't consider batteries to be any special danger; they're so ubiquitous, batteries for this that and the other thing... you get used to the idea of a lot of power in a small pkg, and stop thinking about just how much energy is enclosed in that small pkg, and what might result if all that energy escapes all at once.

Andria

 

[Shotglass]

Don't think I have EVER seen anything official stating Batteries are SAFE to Pocket Carry.

most people don't consider batteries to be any special danger; they're so ubiquitous, batteries for this that and the other thing... you get used to the idea of a lot of power in a small pkg, and stop thinking about just how much energy is enclosed in that small pkg, and what might result if all that energy escapes all at once.

Andria

And since it doesn't have a label stating that it's unsafe to keep it in my pocket with my keys while swimming at my granddad's birthday party then it must be ok

 

[EBates]

Did anyone else notice that the 'accident' occurred in August of last year? The only reason that it's 'news' now is that some worthless 'ambulance chaser' thinks he can make a buck. And of course the ANTZ and Politicians have a new 'Save The Children And The Stupid' campaign.

 

[ThunderDan]

Did anyone else notice that the 'accident' occurred in August of last year? The only reason that it's 'news' now is that some worthless 'ambulance chaser' thinks he can make a buck. And of course the ANTZ and Politicians have a new 'Save The Children And The Stupid' campaign.

See post #66.