On behalf of a 48-year-old Texas man who was seriously burned when one of the lithium-ion batteries he purchased for use in his e-cigarette exploded, Rob Ammons has filed suit against the local vape shop who sold him the dangerous batteries.
The man was standing in a parking lot in Madisonville, Texas in May of this year with the batteries in his pocket when one of them suddenly exploded and burst into flames. He suffered extensive second and third-degree burns to his hand and thigh. The incident was caught on security video.
The lawsuit claims that the product was defective and that the vape shop (Firehouse Vapors) was negligent in failing to warn of a safety risk it knew about: the battery’s propensity for exploding spontaneously. It is alleged in the lawsuit that the president of the American Vaping Association has stated that placing two batteries in a pocket is a recipe for problems. It is claimed in the lawsuit that responsible vape shops give customers purchasing lithium-ion batteries safety literature containing explicit warnings against carrying these batteries in pockets unless they are stored in a protective case. The Texas man, however, received no such warnings when the batteries were sold to him in plain, unmarked cardboard packaging. Had he been properly warned, says Ammons, this harmful incident would have been prevented.
In response to being sued, the vape shop has claimed it is merely an innocent, non-manufacturer seller of a battery who, if found liable for the Texas man’s injuries, should be indemnified by the manufacturer. The vape shop has therefore brought the purported manufacturer (LG Chem) of the battery into the lawsuit through a third-party petition.
Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons’ law practice, The Ammons Law Firm, is located in Houston, Texas.
The Ammons Law Firm has a nationwide personal injury practice focusing on tire defects, truck accidents, rollovers, consumer protection and product liability, catastrophic injury, wrongful death, post-collision fires, seat belt defects, airbag defects, and plant explosions.