A vape explosion is a serious situation for which the manufacturer is liable. The harm caused by a defective product can be long-lasting, so you need to stand up for your rights. Seek the assistance of NST Law’s champions for the injured and file your vape battery explosion lawsuit before time runs out.
Electronic cigarettes or vapes have increased in popularity since their introduction to the U.S. market in 2017. These products often become tools that help smokers quit smoking cigarettes.
The devices contain liquid that creates vapor when heated. The batteries used to heat the liquid have been known to cause explosions. A vape battery explosion can lead to serious injuries. You could be entitled to compensation if an exploding vape battery has harmed you.
The product liability attorneys at NST Law are here to help when you file your case because of a defective device. Let us assist you with putting together your case and fighting for your rights in a court of law.
Table Of Contents
- Our Lawyers Can Help You Obtain Compensation
- Why do vape batteries explode?
- Common Vape Battery Explosion Injuries
- Does the government regulate vapes?
- Who can I file a claim against?
- Who is eligible to file a claim?
- What evidence do I need to prove the vape battery caused my injury?
- Types of Compensation Available in a Vape Lawsuit
- How long do I have to file a lawsuit?
- Have others filed vape lawsuits?
- Can a vape battery explosion be prevented?
Our Lawyers Can Help You Obtain Compensation
Let the team at NST Law be a strong and steady presence during this uncertain time. Our attorneys can assist with your vape explosion lawsuit by providing their legal skills and knowledge to enable you to understand how the process works and what steps to take.
We can help handle the following:
- Obtaining documentation about your injury and accident
- Working with experts to formulate testimony to prove your case
- Speaking to witnesses
- Ensuring proper and timely filing of legal documents
- Securing video and photographic evidence
- Communicating with insurance companies or attorneys
- Assessing the value of damages
NST Law is on your side as an advocate. You can hand over the case to us while you heal from the shocking and terrifying incident. We dedicate ourselves to providing caring and compassionate service to help you recover fair compensation. We have recovered hundreds of millions of dollars in product liability verdicts and settlements on behalf of injured victims.
We are eager to help you with your vape explosion lawsuit. Remember, you do not have to pay anything upfront because we work on a contingency basis, which means we get paid when you win. You can also call the Champs any time. We are available 24 hours a day, seven days a week.
Why do vape batteries explode?
Exploding vape batteries are a result of thermal runaway. Thermal runaway is essentially an overheated battery. It occurs in vape devices because there is no internal check or safety to stop the battery from getting too hot. When that happens, a fire starts inside the battery, causing an explosion.
Overheating batteries may happen if you overcharge the unit and the vape you are using lacks a safety measure to stop charging once the battery is full. It could also result from damage to the device or a weak battery design.
Common Vape Battery Explosion Injuries
The most likely injuries you would suffer in a vape battery explosion are burns. If you are using the device when an explosion happens, your face and neck are generally where you will have injuries. If the device is lying somewhere when it explodes, there is the potential for a fire to start, which can lead to more serious injuries and damage.
It is also possible for the device to come apart due to the force of the explosion, sending flying metal into the air. You could suffer puncture wounds or other injuries to your body.
Due to the nature of the device and how you might use it, other potential injuries include damage to your mouth and teeth if it explodes during use. In worst-case scenarios, death can also result from a vape battery explosion.
Does the government regulate vapes?
The U.S. Food and Drug Administration (FDA) regulates e-cigarette products. A company must get approval from the Food and Drug Administration before putting its vape device on the market. Manufacturers must also follow all guidelines for safety when producing products and meet Food and Drug Administration requirements for testing before they can put their products on the market.
The administration also has a mechanism for reporting vape device defects online and will issue recalls or take further action if there are multiple reports of issues with a specific product. It also monitors sales and sets age limits for purchasing them. The administration has the authority to remove a product from the market if it is unsafe.
Who can I file a claim against?
Looking to recent lawsuits as a benchmark, you can file a product liability claim against the manufacturer or seller of the product to hold them responsible for:
- Manufacturing defects
- Design defects
- Failure to warn
- Negligent infliction of emotional distress
- Breach of implied warranty of merchantability
- Violation of the Magnuson-Moss Act
The seller may also be liable for your injuries under state law. For example, Tennessee Code Section 29-28-106 provides liability if the seller provided an express warranty or altered the product. Responsibility may also fall to the seller if the manufacturer is insolvent or state law prevents serving it for a lawsuit.
Who is eligible to file a claim?
Anyone over age 18 can file a personal injury or product defect claim in court. For minors, the parent or legal guardian may file on their behalf. You will need to prove certain elements in your lawsuit to show you have a valid claim under Tennessee law, including that the product was defective and you used it according to the manufacturer’s instructions.
What evidence do I need to prove the vape battery caused my injury?
You must demonstrate that the product led to your injuries to prove your case. The best piece of evidence you can provide is the damaged device. Having this will show what happened and how the vape failed.
You also want to provide the receipt from when you purchased the item and its packaging. If you can, take pictures of the aftermath, showing where the vape exploded.
Make sure to also retain your medical records. You may need to have the doctor or other health care professional who treated your injuries testify or provide a statement. If others were present at the time of the explosion, you also want their statements about what happened.
When you contact an attorney about filing your case, they can also assist with gathering evidence. Your lawyer can speak to potential witnesses and help collect further information about the device, such as reports to the Food and Drug Administration about problems. The attorney can also help you gather medical and other official reports.
Types of Compensation Available in a Vape Lawsuit
Under the law, you can seek compensatory damages in a vape battery explosion lawsuit. Compensatory damages are categorized as economic and non-economic and are intended to compensate you for your financial losses and emotional anguish due to the incident.
These losses include:
- Medical bills
- Lost wages
- Emotional distress
- Loss of consortium
- Pain and suffering
- Damages associated with the wrongful death of a loved one
Punitive damages are awarded at the court’s discretion and serve as punishment for malicious, reckless, or intentional harm on the manufacturer’s part.
How long do I have to file a lawsuit?
Each state has a statute of limitations for personal injury claims. Tennessee law sets the statute of limitations for product liability claims at six years. The timer begins at the date of the incident. If you are a minor who decides to file when you are 18, you have one year from the date you turn 18 to bring your case to court.
For personal injury claims, you have three years from the date of the incident to file your lawsuit.
Always confirm your case filing deadlines with your attorney, as statutes of limitations can be complex.
Have others filed vape lawsuits?
Vape battery explosion lawsuits are not uncommon. People suffer serious injuries and even death from these incidents, and they (or their families) want to hold the companies who were negligent responsible.
A man in Pennsylvania filed a lawsuit against a manufacturer in federal court after he suffered burns. He had an extra lithium-ion battery for his vape in a pants pocket when it exploded and caught fire, leaving him with severe burns to his leg that required skin grafts and multiple surgeries.
The estate of a man killed by an exploding vape battery took a distributor to court seeking damages for wrongful death. When the battery suffered a fault and exploded, it broke apart the vape with such force that a piece went through the man’s skull and into his brain. His house then caught on fire, killing him.
A married couple sued Samsung and the vape retailer when the battery in the device exploded. They contended the vape had no warnings that such an incident could occur. The husband was using the device when it exploded, catching the bed on which their infant son was lying on fire. The man and child suffered severe burns.
Can a vape battery explosion be prevented?
Sometimes, there is no way to avoid a vape explosion because of a product defect. But there are some steps you can take for safe usage that may minimize your chances of an injury, including the following:
- Using only the charger provided by the manufacturer
- Following all manufacturer instructions for use
- Ensuring the device has safety features to prevent overheating
- Charging only when you are present
- Keeping the device out of extreme temperatures
Adhering to these guidelines can also benefit any future vape battery explosion lawsuit because they show that nothing you did caused the incident and that you were abiding by the manufacturer’s instructions for safe use.
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