Many smokers have transitioned to e-cigarettes and vapes to get away from the cancer-causing agents in tobacco products. That change has been accompanied by consumer injuries due to defective smokeless products exploding. While low-quality e-cigs and vapes have caused injury for a variety of reasons, the inclusion of defective lithium-ion batteries has been devastating.
If you have sustained an injury due to smokeless product combustion, call the Johnson Attorneys Group. We will fight to get you the fair compensation you deserve. Call 1-800-235-6801 for a free consultation.
E-cig And Vape Battery Explosion
Although there may be as many as 1 billion lithium-ion batteries in circulation, the growing need to harness greater energy in each has increased the potential risk of a vape or e-cig battery explosion. The common manufacturer and design defects of these small, but powerful, batteries occur internally. Lithium-ion products have positive and negative poles that are made from different materials. A liquid electrolyte substance helps energy flow, and a plastic barrier separates the materials. When that plastic wall becomes compromised, the battery can heat up to more than 1,000 degrees. That means the e-cig or vape you are enjoying can burst into flames in your pocket or explode in your face. When e-cig and vape batteries malfunction, the overheating happens quickly. That has presents a unique danger to those who rely on these products to stay off cancer-causing tobacco. The injuries happen in close proximity to your skin and face and can leave permanent scars, broken teeth, and long-term tissue damage.
California Product Liability Law
Under California law, manufacturers and distributors of products that cause injury to consumers can be held accountable. A lawsuit to get you fair compensation can be brought based on three applications of the law.
- Defective Design: The courts generally assess product defect based on a risk vs. benefit test and how that relates to consumer expectations. If a product’s danger outweighs the risk to consumers, it fails. In terms of e-cig and vape use, the explosions and fires obviously outweigh the user’s safety expectations.
- Manufacturing Defects: This often involves making a strict liability argument. The makers of lithium-ion batteries, for example, are required to bring a fully functioning and reasonably safe product to market. If it was made incorrectly, the company might be held responsible for the negligence.
- Fail to Label: Products that are known to pose a risk must include a consumer warning. Failing to label or otherwise warn of the risk of fire or explosion amounts to legal negligence.
Californians who suffer personal injury and property damages losses due to e-cig and vape battery explosions may be entitled to compensation. The state provides a two-year statute of limitation to take legal action. However, if you are the victim of a defective product, it’s in your best interest to contact an experienced attorney immediately.
Call A California E-cig or Vape Battery Explosion Lawyer for a Free Case Review
When everyday Californians enjoy smokeless products, the last thing you expect is a devastating injury. Unfortunately, not every product meets the safety standards it should. If you have suffered a loss due to a smokeless product battery explosion, call the Johnson Attorneys Group at 1-800-208-3538. We provide a complimentary consultation and won’t charge a fee unless we win or settle your case.