What You Need to Know About E-Cigarette and Vape Pen Explosions
E-cigarettes, also known as vape pens and e-cigs, are electronic devices that generate vapor instead of smoke to deliver nicotine or marijuana oil to the user. They are becoming increasingly common, because smokers do not have as much exposure to traditional carcinogens from smoking tobacco. Additionally, the lack of fire and smoke leads many users to believe that e-cigs are safer than traditional cigarettes or pipes. These devices can be dangerous, however, and may lead to injury from explosions. Exploding e-cigs can give rise to product liability claims, which would require the liable party to pay for your injuries, pain, and suffering.
Why Do E-Cigs Explode?
Many vape pens use cheap components manufactured overseas. While the cost of producing these e-cigarettes is lower, there are also fewer quality control measures, and it’s more likely that your product will contain counterfeit parts. Lithium-ion batteries present a hazard to consumers if they’re not properly manufactured. These batteries use volatile materials that can spontaneously catch fire when they reach high operating temperatures—causing explosions that can seriously injure the user. Increasingly, consumer organizations are reporting injuries from lithium battery explosions.
A recent report from Federal Emergency Management Association found that there have been 25 fires from e-cigarette malfunctions and explosions. An additional study by the Food and Drug Administration reported that there were at least 134 e-cigarette explosions in 2014, while an independent study by eCig One listed more than 200 reports of vape pen explosion. Among the reported injuries include dental injuries, severe burns, eye trauma, lost fingers, and property damage.
Data analysis found that some of the most common reasons for e-cig explosion include:
- Explosion while charging
- Spontaneous combustion during use
- Explosion during transport (i.e., while in a user’s pocket)
Vape pen explosions are linked to the faulty lithium ion battery, much like the infamous cases of Samsung Galaxy Note phones. When the battery is overcharged, drains too quickly, or short-circuits, it releases hot gas and builds pressure within the e-cigarette itself. When the pressure builds, it can cause an explosion in the casing. In this way, an e-cigarette can work much like a pipe bomb when it malfunctions.
Because they can be so volatile, organizations are starting to crack down on their use. The Navy, for example, bans them on all their ships and aircraft.
Personal Injury Claims Involving E-Cigarettes
Since e-cigarettes are relatively new, they are still an evolving area of law. However, e-cigarette claims follow the basic rules of product liability. Product liability claims rely on a few basic aspects:
- That a dangerous or defective condition existed
- That is led to your injuries, and
- You incurred damages as a result. Damages could be economic, like medical bills or lost wages. They could also be general or immaterial, like pain, suffering, or emotional distress.
You also must use the e-cigarette in the manner it was intended to have grounds for a personal injury suit. Several parties may be responsible for your injuries in a product liability claim, from the manufacturer to the distributor, or even the retailer.
Since this is an evolving area of law, it’s helpful to have the guidance of an attorney with experience in product liability claims. An attorney can help you identify the parties responsible for your damages and hold them accountable for the full extent of your injuries, pain, and suffering. A product liability claim can help you compensate for medical bills, lost wages, and even your ongoing medical costs (in the case of severe burns, this might mean additional surgeries or grafting).
Your first step is to schedule a free initial consultation with our firm. Contact a San Diego personal injury lawyer to discuss your legal options today.