My Vape Pen Exploded. Who is Liable?

Vaping and e-cigarettes are the latest crazes it seems. They’re all over the news, and everyone from teenagers to the elderly seems to enjoy the ease-of-use and refillable-nature of these unique smoking devices. While many enjoy e-cigarettes and vape pens, however, they are still tobacco products and are extremely harmful to the user’s health. This is especially true when these devised malfunction and explode. So, if your vape pen exploded, do you know who is liable? Read on to find out.

Vape Pen Explosions Are All Too Common

According to data compiled by the U.S. Fire Administration, a department of FEMA, 80-percent of all vape pen and e-cigarette explosions occur during the charging of the devices. The remaining explosions usually occur when the devices are in the pocket, hand, or mouth of the user. Research by FEMA found that nearly a third of all explosions involving either vape pens or e-cigarettes resulted in damage to the property where the explosion occurred.

The leading causes for these explosions are product malfunction, incorrect charging devices, or defects to the lithium-ion rechargeable batteries.  Other common causes are manufacturing flaws, use of low-quality materials, poor production techniques, poor design, overheated batteries, or incorrect usage or handling.

Common Injuries in Vape Pen Explosions

Whether the vape pen or e-cigarette was in the hand, mouth, or pocket of the victim, the results of an explosion can have life-changing consequences for those affected. Vape and e-cigarette explosions caused by defective lithium-ion batteries are particularly dangerous, as these explosions are often spontaneous, and offer no warning of danger at all.

Common injuries associated with vape pen or e-cigarette explosions include:

• Burns
• Scarring
• Lacerations
• Bruising
• Permanent Disfigurement

In addition, exploding e-cigarettes and vapes can leave emotional scarring and damage which may require therapy or counseling services.

Who Is Liable for Exploding Vape Pens?

In the State of Massachusetts, victims of exploding vape pens and e-cigarettes may be able to hold the retailers and manufacturers of the product liable if they can prove the product was defective. If a vape pen was poorly designed, built, or used inferior parts, you may be able to sue the manufacturer for their negligence. Even if the pen was designed, manufactured and marketed correctly, you may still be able to seek compensation if the product injured you.

If the pen was purchased from a site, such as eBay or Amazon, a skilled and knowledgeable attorney can sue the sites, claiming they were liable for knowingly selling the defective product or battery which resulted in the injuries.

Consult a Personal Injury Attorney at the Shapiro Law Group

To get the proper compensation for any injuries suffered from any vape explosion, a determination of liability is necessary. After seeking the proper medical care, consulting a Personal Injury Attorney at the Shapiro Law Group to help you sort through the plethora of factors that need review should be your first step. In addition to medical expenses, you may be entitled to compensation for lost income and the pain and suffering you have had to endure. Call today at (339) 309-1188 for a free consultation.