Bates Law, PC

View Original

Lawsuits Filed After E-cigarette Explosions Cause Permanent Injuries

For years, electronic cigarettes have been marketed as a healthy alternative for smokers. While there is conclusive evidence that substituting e-cigarettes for traditional cigarettes reduces exposure to a number of chemicals and carcinogens, electronic cigarettes are far from harmless. 

In addition to the toxic ingredients found in most e-liquid formulas, the devices themselves have proven explosive, causing burns and other permanent injuries to users.  According to a report by the U.S. Fire Administration (USFA), e-cigarettes were reportedly involved in 195 separate incidents of explosion and fire between January 2009 and December 31, 2016. The explosions resulted in 133 acute injuries, 29% of which were considered severe. 

Burn lawsuits involving e-cigarettes

Burn lawsuits involving e-cigarettes are on the rise. Last month, 10 California residents filed lawsuits against e-cigarette manufacturers and retailers for personal injuries sustained as the result of explosion from their e-cigarette devices. Lawsuits were filed in Los Angeles, Riverside, San Diego, Santa Barbara, and Placer counties, and the injuries claimed include second- and third-degree burns to the thighs, genitals, face, and other parts of the body as well as emotional distress.  

Other lawsuits alleging damages caused by vaporizers include blindness, oral trauma (including tooth loss), and amputation. In 2015, a woman won $1.9M in damages against the electronic cigarette's distributor, wholesaler, and the store where she bought it, for the burns she sustained on her buttocks, thighs, and hand when the battery of the vape device plugged into her car charger exploded. 

How vape explosions happen

E-cigarettes or vaporizers work by way of a heating element that vaporizes the liquid solution. In some devices, users activate the heating element by taking a drag the way they would on a traditional cigarette. In others, the user activates it by way of a manual switch. Most often, the main culprit of e-cigarette explosions is the failure of the lithium-ion battery that powers the heating element. Under normal conditions, lithium-ion batteries are considered safe if used as intended, and the possibility of explosion is one-in-a-million low. But the particular shape and construction of vaporizer devices significantly increase the likelihood of overheating the battery. The combination of poor-quality batteries, poorly designed devices, and negligent manufacturers and retailers has resulted in severe, permanent injuries for a number of e-cigarette users.  

FDA offers tips to avoid e-cigarette explosion

The US Food & Drug Administration is currently probing the dangers of e-cigarette devices and working toward tightening regulations, but vape users and the people around them are still at risk of serious harm from faulty products and sketchy practices that disregard consumer safety. The FDA offers the following tips to help minimize the risk of e-cigarette explosions:

  • Use only vape devices with safety features
  • Store loose batteries in a case to prevent contact with metal objects
  • Use only the charger that came with the device
  • Never leave the device charging unattended
  • Replace wet or damaged batteries
  • Read and follow manufacturer instructions for storage and use
  • Do not remove or tamper with safety features
  • Do not mix different brands of batteries or old and new batteries
  • Charge your e-cigarette device away from flammable surfaces or objects
  • Protect your vape from extreme temperatures

Contact us today if you’ve been injured by an exploding e-cigarette in San Diego

If you’ve suffered burns or other injuries as the result of an exploding electronic cigarette, you may have a claim against the manufacturers of the device and battery. Don’t wait another minute to seek the advice of a personal injury lawyer. You may be eligible for financial compensation for your pain and suffering, medical expenses, lost wages, emotional distress, and more. 

Contact Bates Law for a free consultation today at (619) 222-0900.