When it comes to devices where does the true responsibility for safety rest

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Bad Ninja

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The problem is ninja, these people that don't look up safety could ruin it for us all, it is up to the industry to at least warn them to protect me and you from unjust laws...

A hammer can't explode in my face, well maybe with some C4 ^__^

That's no excuse to legislate to the lowest common denominator, punishing us who are not lazy.

How about we educate them instead of dumbing down to their level?
Makes more sense to
Me.
FYI:
A mechanical mod can't explode in your face either, well ...unless you short circuit a high powered battery sealed inside it until it goes into thermal runaway.

I have 80 much a just sitting in a drawer.
I assure you they won't explode any faster than a hammer.
 
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Ablonz

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Completely Agree.

And I would venture to say that there are Far More who know Very Little/Anything about Ohms Law or Amp Limits than there are who do.

Here is a thread I saw today which is a Good Example. Something that I Don't think is all that Uncommon among Vaper's ...



I'm not putting this Individual down. And there is Nothing wrong with Her. As She puts it, She just wants to vape.

What the person posted was what I like to see. If you do not understand, find someone to help them understand. They did the best thing possible and took accountability in using there device properly. If only everyone who doesn't know would do this but that is far fetched. I am not sure if the device came with a user manual as I do not own one.
 
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zoiDman

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Yes it is.
Business 101.
The sole purpose of all businesses is to generate profit. That is the only reason to form a corporation.

That's it.

Donations to non profits or charities from corporations are tax deductible, and increase a positive image in the public thus generating more profit.

It's free advertising paid for with tax dollars they would normally pay to the IRS.
If not, they wouldn't do it.

You have a Very Cynical outlook of the World ninja.

And it is Kinda Sad to hear All Companies being Lumped into the Back & White view that you hold.
 

entropy1049

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that is why we need laws and government regulations to limit the harm they cause in the name of profits.the banks were making a legal profit when they collapsed our economy and cause serious harm to many Americans.enjoying the benefits of membership in a society carries a price.acting in a manner that does not harm or exploit others is not charity.it is a social obligation.

It is unusual that I disagree with every sentence in a post. You, Sir, win the prize.

If I decide I'd like to fly a Boeing 757, before strapping in the pilot's seat, I'm going to learn to fly. Probably in a Piper Cub. If I decide I'd like to go wreck diving in Truk Lagoon, first I'm going to learn scuba. Probably in a swimming pool.

Pick your analogy.

Now, this being said, if someone markets an e-cigarette that utilizes a fixed/unchangeable 0.001 ohm atomizer with an 18650 tube, until someone develops a 4200 amp 18650 battery chemistry, in my opinion, we've crossed over into culpable negligence.

We choose how to build our vaping devices. If we choose our set up without educating ourselves on the potential hazards or lack the sufficient sense to do it safely, we bear the consequences of our ignorance.

If I start stabbing myself in the eye with a phillips screwdriver, it's really not anyones fault but mine. The manufacturer never intended that tool be used in that fashion. No nanny state regulation can protect me from my own stupidity and self destructive actions. And if there ever should be a federal law prohibiting me from stabbing myself in the eye with a phillips screw driver, I still have two options for removing myself from the gene pool; ignore the regulation, or use a standard screwdriver.
 

Canadian_Vaper

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That's no excuse to legislate to the lowest common denominator, punishing us who are not lazy.

How about we educate them instead of dumbing down to their level?
Makes more sense to
Me.
FYI:
A mechanical mod can't explode in your face either, well ...unless you short circuit a high powered battery sealed inside it until it goes into thermal runaway.

I have 80 much a just sitting in a drawer.
I assure you they won't explode any faster than a hammer.
I've been using 18650's for years, Have never had one vent... I've gone through a good 4-5 dozen over the years, paid attention to their cycles, monitored their mah rating etc etc etc...

The fact of the matter is some and I'll say it ......... can walk into a store buy one and have not one clue about safety, he's been using batteries his whole life but nothing as explosive so doesn't know to take whichever precautions..

Now if he hard shorts it it's nobody's fault except his own for not looking at battery safety because he simply didn't know about it.

all I would like for retailers whether B&M's or online is to include a little piece of paper that says "Warning" Check this link out for battery safety blah blah blah..
 

YoursTruli

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Completely Agree.

And I would venture to say that there are Far More who know Very Little/Anything about Ohms Law or Amp Limits than there are who do.

Here is a thread I saw today which is a Good Example. Something that I Don't think is all that Uncommon among Vaper's ...



I'm not putting this Individual down. And there is Nothing wrong with Her. As She puts it, She just wants to Vape.

What the person posted was what I like to see. If you do not understand, find someone to help them understand. They did the best thing possible and took accountability in using there device properly. If only everyone who doesn't know would do this but that is far fetched. I am not sure if the device came with a user manual as I do not own one.

and not to add to the responsibility mix... but... a lot of times, such in the case with this user, coming to the forums and asking for help leaves you no better to worse off than you were.

A user who for 4 years was using ego twist/vivi novas, who did not even know what a coils was, had no desire to become a hobbyist or learn anything and just wanted a comparable plug and play simple set up.... directed by "knowledgeable" members toward gear way above her knowledge base, not to mention vaping requirements... never any mention of battery safety. Can't say this is an exception because it happens all the time, even on her follow up thread where she is begging for help with new recommended gear, she just spent a lot of money on, that is way beyond her scope, she now has to wade through info overload and being directed again toward other equally unsuitable gear... never any mention of battery safety.

So if we can not even get it right within our own "knowledgeable" ranks with people actually trying to get help, I can well see how the average I just want to vape person is not only talked into buying gear that is for "Advanced Users Only" they also think they understand what they are getting into. Saying all of the responsibility falls on the user is dismissing the fact this product, unlike any other, has no set standards to learn.
 

Bad Ninja

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You have a Very Cynical outlook of the World ninja.

And it is Kinda Sad to hear All Companies being Lumped into the Back & White view that you hold.

I have a very realistic view of business.
I do not kid.
Don't they teach basic economics in high school any more?

For-profit business

What is for profit organization? definition and meaning


For profit and Not for profit business definition

Two Basic Types of Organizations: For-Profit (Business) and Nonprofit

Charities are not for profit organizations and are only called "businesses" or "corporations" for tax review.
 

Jman8

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unfortunately a lot of companies do not disclose the risk associated with their products and that information can be hard to find for an untrained consumer. many people do not know where to find information on the chemicals used in our juices and many companies don't disclose whats in those juices. some companies do provide warnings about the equipment they sell but many do not.

I do not think it possible to account for every risk associated with a product. And as I said previously, accounting for any is up to the manufacturer, at their discretion. I am adamant about notion there ought not to be a requirement.

I'd be 'average consumer / untrained consumer' and I'm thinking everyone on this thread is for at least some product(s) out there. I still don't think I fully understand risks of batteries when it comes to vaping, and not sure if anyone truly does. They'd have to be able to account for every conceivable scenario and be 100% accurate to have full understanding. All potential future scenarios as well.

If untrained consumer doesn't wish to do the homework, but still wishes to use the product, then they will learn limitations / risks for using their product on their own. IMO, this is where it becomes very clear that it is user responsibility, even while for that user (could be me), it will be treading murky waters until the potential risk(s) manifest itself (or themselves).

the average consumer must be assumed to be of average intelligence with no special knowledge and if a company is selling equipment or material that requires special knowledge to be used safely that company has an obligation to provide that information.

Like the question before in this thread "who determines 'advanced user,' I would ask who determines 'special knowledge.' I'm on very simple, low level vaping device that was able to be purchased in 2011. I routinely have to show newbies how to use my device. It is very simple. I reckon if I left them alone for all of 10 seconds they would figure it out. If not, they'd ask or they'd just say "hey, I don't have time for this." But in context of what you just stated, it would definitely be "special knowledge" that I possess to use, simply use, the product. And so not special that if I explained it on a vaping forum, I would think every current vaper would say, "duh, yeah, that's how you use a simple device."

Whenever I visit the larger device threads, I'm routinely observing a "duh, that's how you use this device" type mentality. Whereas newbies are like, "I have no idea what any of this does."

And to me, at that moment is where things get interesting. Cause there are clearly people so advanced doing things with devices that are not intended (by M/V) but stand a very good chance of improving use of the product. While there are others who are attempting to do advanced things (also not intended by M/V), but are very likely leading to critical user error. Now, when a person asks for help, then who are they to ultimately trust for guidance? My answer is foremost themselves. To elaborate on this, rather simple point, would take more paragraphs I reckon, because then it would just be walking through a whole bunch of conceivable scenarios to show that ultimately trust is never something that leaves its source. I don't give my trust away to another. You (or I) might think you (I) do, but in reality, we don't.

So, guidance can come from others, but the trust placed in that guidance is so critical to understanding ultimate responsibility (and yet so easy/obvious) that I am often times amazed we've made it this far in civilization given how (often) we constantly try to a) downplay need for guidance at some point (as in dude, I get it, just let me try it now) and b) restrict and manage guides in how they *must* provide guidance (to remain 'credible' or 'reliable'). The latter one applies to these manuals or whatever M/V provides, that some believe are required at time of sale. Almost all of that reads like some legal liability, fine print, baloney that isn't really guidance but a big CYA document. Not guidance.

To which the average consumer is very very very likely to ignore and go with "just let me try it now!"

the average consumer can not buy many things that are considered dangerous but they can buy vaping equipment that pushes the limits of the components used and may be doing so without knowing this. this places them and others around them at risk. if the industry does not self regulate then the government will do it for us.

This, to me is how Big Whatever comes about. Right here. Demanded by the demanders. How corporations are born, and how greed for profit is fully borne out.

Vaping has clearly been operating in an under regulated market, and many of us (I like to think vast majority of us) recognize that as a wonderful thing. A great blessing. While the realists in all of us knew that wouldn't last. Not in today's world. People were obviously going to manifest problems in that type of market scenario, and like all other regulated markets before vaping, were going to try to skirt ultimately responsibility on user and demand more regulations. More and more. The other version of greed that is continuously downplayed in this ongoing philosophical/moral debate we as a human society are having. Can't really have enough regulations/restrictions once that ball starts rolling. The more the merrier. Sure, you as individual may wish to say "enough with the regulations" at some point that is convenient for you, now that you possess all the "special knowledge" that works for you, but because not every conceivable scenario has been worked out in civilization, then you need to realize that the call for more regulation is still in the early going (for all you know) given the entire history of this product.

To manage guidance, that accounts for all the currently known do's and don'ts, it takes a behemoth of a company that has the resources to try and effectively communicate that to all potential customers. When in reality, it is one very large version of CYA. Obviously, there will likely always be mid-level players that stay in the market, but if they get too big, then all anyone needs to do (for nefarious reasons, or perhaps genuine consumer concern) is to demand more regulations that would set mid-level players back a few notches and keep larger companies gaining in market share as they have the better resources to easily adapt to more and more regulations. And more after that.

The only ways I know to get around all this, and still have people using the product they demand, is for an underground market to be created where the need for guidance and responsible use clearly falls on the user. Cause even in the underground market, if there are M/V's around who are intentionally harming their consumer base, and this can be shown beyond a reasonable doubt, they will be held accountable for that. Short of that, and in the domain of user just found another way to misuse the product that no one thought of previously, then everyone else looking in at the "illegal market's latest mishap," will conclude with something alone lines of "sucks to be that user." While the more compassionate individuals amongst us are like, "would be very nice if guidance could be provided to that person in an honest, straightforward way, minus the desire for that to be a mandatory obligation."

Cause once that desire for mandatory obligation (or mandatory anything, beyond basic trade of goods) is accepted, all guidance really becomes a variation of CYA, and is not really guidance. Add in a few anti-types of the product who will likely express (via media) their own versions of FUD for all users to pay attention to, and it really is mostly about CYA and very little about guidance.

Welcome to the vaping market of 2016. You're going to learn to love the previous version. So much so that it will be legendary how very few incidents of harm there actually were given how under regulated that market (once) was.
 
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0blong

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how about the stuff you don't see or can't research. i.e defective batch of buttons that fire your box inside your pocket at full wattage. or a chip that shorts the battery, wrong specs, etc.

Its the user's responsibility to not throw 2 amp batteries in a 200w box mod. Its the manufacturer's responsibility not to sell defective junk. We're in the worst of both worlds.
 

Jman8

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I've been using 18650's for years, Have never had one vent... I've gone through a good 4-5 dozen over the years, paid attention to their cycles, monitored their mah rating etc etc etc...

The fact of the matter is some and I'll say it ......... can walk into a store buy one and have not one clue about safety, he's been using batteries his whole life but nothing as explosive so doesn't know to take whichever precautions..

Now if he hard shorts it it's nobody's fault except his own for not looking at battery safety because he simply didn't know about it.

all I would like for retailers whether B&M's or online is to include a little piece of paper that says "Warning" Check this link out for battery safety blah blah blah..

Part of me thinks the problem is as simple as calling larger device energy sources "batteries." If it had a different name, I (and untrained person) would sit up and perhaps take more notice. Saying it is XY battery (for example) whereas I'm used to using QV batteries, like most consumers, doesn't help really. Just speaking in hypothetical jargon here, and saying it's the 'battery' term that leads average consumer to downplay the need to learn more. From the untrained perspective it seems like a battery is a battery is a battery. They all work the same. What's to learn?

To me, it's a little like how there is a 'right to bear arms' and nuclear weapons are routinely referred to as 'arms.' Were there no special designation of those type of arms (as in they are nuclear devices), then I'd think untrained / average people would assume a right to bear nuclear weapons.

Perhaps farfetched in both the analogy and the point I'm trying to get across, but I do think people who result in user errors with vaping batteries are assuming they do know a good deal about batteries when in reality, they likely know very very little, relatively speaking.

I also think that whatever is provided in terms of 'guidance' at point of sale would be ignored by a whole bunch of people (or seen only as a CYA), and that a decent lawyer would make it so defense (M/V) has to pay for at least some of the costs for harms that resulted from their client's user error.

I also wish to be clear that I too would love to see more guidance from industry on all devices, but would hate for that to be mandatory. User ought to be seeking that out as part of minimal (personal) expectation at time of sale. If I received a product that I had no way of knowing how to use (effectively), I'd be way more tempted to send it back, then try to use it and think I'll be the lone exception to all of civilized humanity in getting it to work just right. If anything is said to be mandatory, users ought to be mandated to find M/V's that sell them the product that matches their level of knowledge. If that product doesn't exist (no M/V's provide guidance, and user has no knowledge on basic use, and no one to help them), then the mandate ought to be, you don't get to use this product. Sorry. Dem da breaks.

It actually amazes me that users are getting products they know very little about and are plugging away in trying to learn along the way. Pretty sure I've done that enough in my life to not be overly amazed, but really strikes me as entirely disingenuous to then say it is someone else's fault that something went wrong with my use of the product given my self awareness of where I started.
 

Lessifer

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how about the stuff you don't see or can't research. i.e defective batch of buttons that fire your box inside your pocket at full wattage. or a chip that shorts the battery, wrong specs, etc.

Its the user's responsibility to not throw 2 amp batteries in a 200w box mod. Its the manufacturer's responsibility not to sell defective junk. We're in the worst of both worlds.
I don't think that anyone questions that a defective product is the manufacturers responsibility.
 

Jman8

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how about the stuff you don't see or can't research. i.e defective batch of buttons that fire your box inside your pocket at full wattage. or a chip that shorts the battery, wrong specs, etc.

Its the user's responsibility to not throw 2 amp batteries in a 200w box mod. Its the manufacturer's responsibility not to sell defective junk. We're in the worst of both worlds.

I see defective junk as ultimately user responsibility. Legally, I very much understand this is not the case. As someone who's experienced defective product, I'm glad the recourse exists to not be out the costs I put in where I received defective junk. But in many cases, that has resulted for me in where I decide not to go back to that M/V again. And in some instances, I've gone back, hoping for non-defective stuff.

For it to be manufacturer responsibility, there has to be intent to harm user from that manufacturing end, for it to be M/V wrongdoing. Short of that, and I see it as user responsibility. Part of my way of resolving defective product I may receive is to see if company will reimburse. If yes, I'm liking that company and hoping they'll deliver future products to me that work great. If not willing to reimburse, I then feel the responsible thing is to move on and find companies that match what I seek in a product.

For sake of discussion, I'm very interested in testing my position on this. Helps that we are distinguishing between legal liability and (true) responsibility.
 
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Lessifer

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I see defective junk as ultimately user responsibility. Legally, I very much understand this is not the case. As someone who's experienced defective product, I'm glad the recourse exists to not be out the costs I put in where I received defective junk. But in many cases, that has resulted for me in where I decide not to go back to that M/V again. And in some instances, I've gone back, hoping for non-defective stuff.

For it to be manufacturer responsibility, there has to be intent to harm user from that manufacturing end, for it to be M/V wrongdoing. Short of that, and I see it as user responsibility. Part of my way of resolving defective product I may receive is to see if company will reimburse. If yes, I'm liking that company and hoping they'll deliver future products to me that work great. If not willing to reimburse, I then feel the responsible thing is to move on and find companies that match what I seek in a product.

For sake of discussion, I'm very interested in testing my position on this. Helps that we are distinguishing between legal liability and (true) responsibility.
If you buy something, and it turns out to be defective, and then you buy a second thing from that same manufacturer, then I would consider that second purchase to be a shared responsibility between you and the manufacturer. I still believe the first one is solely on the manufacturer.

Ensuring that your product does what you say it does, without physical/operational defect is on the manufacturer.
 

Marc411

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Thanks Lessifer, the original question did not take defect into account because without question the OEM needs to be held accountable.

defective batch of buttons that fire your box inside your pocket at full wattage

I would still say the responsibility falls on the user. Either the device should be shut off or not put into your pocket if it has the potential to fire. The device fires by pressing a button and your pocket or purse is the perfect place for that to happen accidently. Freedom of choice but you may have to pay the consequences for your actions.

Its the user's responsibility to not throw 2 amp batteries in a 200w box mod. Its the manufacturer's responsibility not to sell defective junk. We're in the worst of both worlds.
Again back to the original post, it doesn't take a 2A battery anymore. A single cell 90W device or a dual cell 200W device and it garner the same unfortunate incidents if the user over reaches the batteries capacity for continuous discharge or the battery overheats. I see people asking if it's safe to put a .2 build in a single cell 75 or 90 watt device and vaping it at max wattage. For a couple pulses sure but after that your at risk and you may even damage the cell.

I'm not trying to focus on any individual but this post was just made, it's a dual cell device

How do you utilise a 200w device at the full 200w?!

So it that the OEM's responsibility, I don't believe it is!
 

Lessifer

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I have a prediction for the future. Some time, in say the next 10 years, a politician will put forth a bill requiring that all consumer products that use li-ion batteries carry a warning label. Something to the effect of "Warning, lithium ion batteries are known to the state of California to carry the potential to explode or otherwise cause harm."

Yes, I think it will come from California. This politician will get many pats on the back, people will say he is saving lives.

Then I predict that the warnings will be promptly ignored, as they will be as ubiquitous as the good old prop 65 warnings.
 

Bad Ninja

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I have a prediction for the future. Some time, in say the next 10 years, a politician will put forth a bill requiring that all consumer products that use li-ion batteries carry a warning label. Something to the effect of "Warning, lithium ion batteries are known to the state of California to carry the potential to explode or otherwise cause harm."

Yes, I think it will come from California. This politician will get many pats on the back, people will say he is saving lives.

Then I predict that the warnings will be promptly ignored, as they will be as ubiquitous as the good old prop 65 warnings.


I agree it will come from California.

Carl's junior ( a fast food chain, called Hardee's on the east coast) has that exact sign on the door:
" this product is known to the state of California to contain cancer causing chemicals".

It's on everything here, and people have become desensitized to it.
 

Jman8

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If you buy something, and it turns out to be defective, and then you buy a second thing from that same manufacturer, then I would consider that second purchase to be a shared responsibility between you and the manufacturer. I still believe the first one is solely on the manufacturer.

Ensuring that your product does what you say it does, without physical/operational defect is on the manufacturer.

I don't know if there is a way to have the discussion and avoid the legal reality or even what I accept as legal liability. But if I were going to have that discussion with anyone, I'm glad it be with you. (Awwwww)

I see truly defective as on no one, or similar to 'act of God.' If it is actually on the manufacturer, then I would think it somewhat foolish to think they'll ever get it right and/or foolish of me to return to them and think it'll be better next time. If it is highly successful company, and I'm one of very few to have defective product, I'm thinking they'll gladly reimburse, make sure I'm happy and they maintain their successful image. If they did not, it would be disappointing. But honestly, my level of disappointment would be subjective and could even be different for me depending on a whole lot of factors for me at the time I realize I just determined this is defective product. Cost of the product would matter. A defective clearo is probably going to be treated differently than defective automobile I just purchased 2 weeks ago.

With responsibility, I don't know how it could be anyone's intention. Was the intention to make a defective product? If yes, is that what we mean by defective? If not, then I don't see how without the intention for the product to turn out that way, it is manufacturer's responsibility. Here then is where 'fault' enters picture. Surely not my fault it is defective and way I see it is not manufacturer's fault. I very much hope they'll reimburse me, but I don't expect it. Well for sure in a mandatory way, I don't expect it. Again, if I did, then I would not be willing to go back to them even if they promised they'd get it right the next time. The best I would think they could then hope for is I get 2 (or more) products from them and I pay for only one. That strikes me as irresponsible scenario on some level, especially as I'm the one wanting the product. I'd rather just go with M/V that has working product or product that works for me. I also think it quite possible that company would face scenario of I pay for nothing and they keep sending me product(s) until I get one that works. If I came at this from angle of you (company) are 100% responsible for defective product, I think I could swindle some companies under that latter scenario, and feel righteous in doing so.

I dunno exactly the righteous path for all this. Because I understand the legal game (at least a little bit), I'll play that card if I think it suits me. But I'll know when I go that route it's just a game I'm playing and isn't how I look at true responsibility.
 
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