Today, e-cigs have taken over the world of smoking. They’ve fast become a very popular means in which to smoke. Unfortunately, this leads to the question of what happens and who is responsible if an e-cigarette explodes.
You hear about it periodically, e-cigs explode or catch fire. How safe are they and who is at fault when this happens? Can you sue the manufacturer?
Before we answer this question, we must first look to the cause of an explosion. In most cases, e-cigarettes use a lithium battery. These lithium batteries are able to store large amounts of energy in one simple compact unit.
Unfortunately, lithium batteries are a potential risk for fire and explosion.
Lithium has long been described as a “mini-bomb” that is in your pocket or purse. It has been known to spontaneously combust or ignite. This is due to a poor design and the use of lower quality materials. There are also some that are simply manufacturing flaws and defects.
Add to that, improper use and handling and you have a potential for a very serious issue at hand. All of this can lead to improper use and contribute to “thermal runaway” where the internal battery temperature can increase to the point of causing the battery to spontaneously combust or explode.
E-cigs aren’t alone in having to deal with this issue. In recent months, hover boards are having the sa e struggle. According to the U.S. Consumer Product Safety Commission, there is over $2 million worth of lawsuits pending at this time regarding lithium batteries.
So who then is liable? Is it the manufacturer? The battery company? The consumer? This is a tough question and the answer may surprise you.
The guilty party will be dependent upon each and every situation. There are numerous parties who may be responsible. It could be the manufacturer, the manufacturer of the battery or the distributor. It may even be the seller.
It’s vital to preserve each and every piece of the evidence to use in the investigation. There is a legal responsibility to ensure that the products that consumers use are safe to be used. Manufacturers have a responsibility to warn consumers about potential hazards and dangers when using such products.
If you, or someone that you know, has been injured in an e-cig explosion, if you or someone that you know has been injured due to a lithium ion battery exploding, it’s vital to preserve the evidence and quickly act to file your claim. There are currently many cases under review and more are going to court on a daily basis.
It’s simply not possible to protect yourself from every faulty device, however, there are some easy to take measures to ensure that if you are injured, you are filing the proper lawsuits. Preserve all of the information and consult with an experienced lawyer regarding your case.
Each and every case is different and should be handled as such. Don’t hesitate to file a claim if you’ve been injured in an e-cig explosion.