There have been a growing number of product liability lawsuits filed by consumers alleging that some e-cigarette devices and their lithium-ion batteries are defective. These lawsuits claim that e-cigarettes and/or their lithium-ion batteries exploded unexpectedly causing severe burns and injuries. Plaintiffs have largely focused their actions against retail shops and distributors. For many of these cases, it is difficult to include the manufacturer of the defective products, as they are often located in other countries such as China.
Recently, a New York court awarded a man $1.2 million in damages in a lawsuit filed against a retail store following an e-cigarette explosion that left him with severe burns on his torso and thigh. The lawsuit alleged that a 37-volt lithium-ion 18560 battery that was intended for use in electronic cigarettes exploded in the Plaintiff’s pocket. Because of the explosion, the Plaintiff underwent debridement of damaged skin, and a skin grafting procedure. The Plaintiff’s hospitalization lasted six days. The case involved allegations that the battery was defective and dangerous, that the retail store was strictly liable for the battery’s defect, the retail store negligently failed to provide a proper warning, and that the battery’s defect constituted a breach of the product’s express and implied warranties.
Previously, we reported that a California jury awarded a woman $1.9 million in damages in a lawsuit filed against a retailer, distributor and wholesaler following an e-cigarette explosion that left the victim with similar burns. In that case, the Plaintiff’s attorney used experts to show that the e-cigarette devices and their lithium-ion batteries lack appropriate safety controls to prevent combustion.
Our lawyers are continuing to investigate new e-cigarette explosion claims and are filing cases on behalf of individuals injured by those devices. If you would like more information about these cases, you can contact Will Sutton, a lawyer in our Toxic Torts Section.
Source: Verdict Search