In recent years, e-cigarettes and vape pens have become popular alternatives to traditional smoking, especially among adolescents and young adults. However, with their rise in use comes an alarming trend of explosions and fires.
These incidents, often caused by battery malfunctions, have led to serious injuries, including burns, disfigurements, and even fatalities. If you or someone you know has been injured due to an e-cigarette or vape pen explosion, it’s essential to understand your rights, the potential causes of these accidents, and how to seek compensation for your injuries.
What Makes E-Cigarettes and Vape Pens Explosive?
Most often, e-cigarette and vape explosions are related to the device’s battery, typically a lithium-ion battery. Lithium-ion batteries are often used in vape devices because of their compact size and high energy density, but they can also be volatile under certain conditions.
Battery Malfunctions or Defects
If the lithium-ion battery inside the e-cigarette or vape pen is faulty, it can overheat and potentially explode. Manufacturing defects, poor quality control, or damaged batteries (from dropping or misusing the device) can increase the risk of malfunctions.
Improper Charging or Use
Charging a vape pen or e-cigarette beyond the recommended time can cause the battery to overheat, leading to an explosion. Leaving the device plugged in overnight or using a charger that is not specifically designed for the battery can also lead to dangerous situations.
Using cheap or incompatible chargers not designed specifically for the device can overload the battery and cause it to malfunction. Poor-quality chargers often don’t have the safety features required to prevent overcharging or overheating.
Battery Short Circuits
An internal short circuit occurs when a fault in the battery’s internal wiring or components causes a sudden release of energy. This can cause the battery to overheat and, in extreme cases, explode. Conversely, if the battery’s terminals come into contact with metal objects (such as keys or coins in a pocket or bag), this can create an external short circuit, leading to a fire or explosion.
Types of Injuries
There are a variety of injuries associated with exploding e-cigarettes and vapes. Burns are the most common, but people have also suffered lacerations, broken teeth, bones, and even death from these accidents. The first death from an e-cigarette explosion was recorded in 2018, which was due to shrapnel entering the person’s brain.
Burns
A 2018 review of burns caused by vape and e-cigarette explosions found that in the majority of cases, the e-cigarettes exploded in people’s pockets. Most burns were second-degree, with injury most common to patients’ thighs, hands, genitals, and faces. About 30% of the burns required skin grafts to treat.
Litigation and Types of Claims
Most e-cigarette explosion cases are rooted in product liability law, which holds manufacturers, distributors, and retailers accountable for defects in their products.
Product Liability Claims
There are three primary types of product defects that can give rise to a product liability claim.
- Design Defect — A product would have a design defect if it were inherently dangerous due to its design. For example, if the design of the vape pen or battery makes it prone to overheating or exploding under normal use.
- Manufacturing Defect — A manufacturing defect would mean that the product had a defect that occurred during production, such as a faulty battery or substandard materials.
- Failure to Warn — Failure to warn means the manufacturer failed to provide adequate warnings about the risks associated with using the device, such as overheating. For example, a manufacturer or distributor might have known about defects but failed to recall the product or warn consumers.
Breach of Warranty
If the e-cigarette or vape pen fails to meet the promises made by the manufacturer or seller, the victim may pursue a claim for breach of express or implied warranty. This is especially relevant if the manufacturer marketed the device as “safe” or “durable,” but it failed to meet these standards.
Turn to Pullano & Siporin if You Have Been Hurt by an E-Cigarette or Vape Pen
If you’ve been injured by an exploding vape pen or e-cigarette, you need experienced legal representation to help you navigate the complexities of product liability and secure the compensation you deserve. At Pullano & Siporin, our dedicated team of attorneys has a proven track record of securing full compensation for clients injured as a result of vape pen explosions, other defective products, and a broad array of other personal injury claims. We will fight to hold the responsible parties accountable and ensure you recover full compensation for your injuries.
Contact us today for a free consultation, and let us help you pursue justice for the injuries you’ve endured.
