Our exploding product injury lawyers handle cases for victims of vape pens.
According to the U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Fire Administration, more than 2.5 million Americans used vaping products in 2014 and one in four high school students reported using some kind of vaporizing product within the last several months.
The harm caused by these exploding devices can be devastating and lead to significant hospitalization, medical care, and permanent injuries.
Anyone injured by an exploding vape pen should contact our office immediately, so that we can start our investigation of your case.
What is a Vape Pen?
Vaporizers, also called personal vaporizers (PV) or vape devices, are a popular choice for many people that want to experience the satisfaction of smoking without the harmful effects associated with combustion and burning.
Vape pens are battery-powered devices that simulate smoking by producing a heated vapor, which resembles smoke. Vape pens function similarly to how an electronic cigarette (e-cig) functions with the exception of allowing you to add your own special dry blends, oils, and waxes.
In order for the vape pen to produce vapor that can be inhaled by a user, there has to be a product that is heated within its chamber A vaporizer device should be easily separated into different parts, so that it can be easily cleaned before being used again.
Advanced Personal Vaporizers (APV) contain electronics allowing the user to regulate the power level, produce a moderate amount of vapor, and are generally priced under $100. Vape Mods (VM) are for use with user-rebuildable atomizers, can potentially produce tons of vapor, and can be quite expensive.
How Many Vape Pens Have Exploded To Date?
Due to the lack of regulation within the vape pen market, officials from the U.S. Food and Drug Administration believe many of the vaporizer pen explosions go unreported.
The U.S. Fire Administration recently announced it was actively investigating 25 vape pen injuries recorded between 2009 and 2014
According to federal statistics, there have been 126 reports of vape pens overheating, spewing flames or exploding, resulting in burns -- some of which required skin grafts -- and other injuries.
Why Do Vape Pens Explode?
The lithium-ion batteries that power vape pens and e-cigs are prone to explosions and catching fire.
"(Cheap lithium-ion batteries) don’t have the luxury of using sophisticated management systems," Venkat Viswanathan, who teaches mechanical engineering at Carnegie Mellon University, told Wired.com. "That can lead to dangerously over- or under-charged batteries."
According to Wired.com, Dendrite is another potential problem. Dendrite is a conductive filament that can form over the course of several charge/discharge cycles, especially if the battery is rapidly charged.
How Do I Lower My Risk of Having My Vape Pen Overheat or Explode?
There are steps that a person can take in order to lower the risk of having it overheat, catch fire or explode, including:
- Keep your vape pen cool. Do not store devices in hot cars or other extreme temperatures.
- Keep your vape pen somewhere other than your pocket. Devices may get too warm from your body heat.
- Keep them separated. If one lithium battery explodes, one that is stored nearby may also catch fire.
- Use the correct charger. If you use any charger except the one the device came with, you could be at a greater risk.
What Types of Injuries are Caused by Exploding Vape Pens?
Burns from vape pen explosions may occur on the face, arms, chest, and torso of the consumer.
Serious injuries to the eyes can also happen from an explosion. These injuries are often serious and can lead to hospitalization, extensive medical care, plastic surgery, and permanent disfigurements.
Can I File a Lawsuit for Burns Caused by Vape Pens?
Lawsuits are currently being filed against manufacturers and retailer regarding burns caused from vape pens. In fact, at least three separate vape pen lawsuits over burns were filed in California in 2015.
In September 2015, a jury awarded $1.9 million in damages as part of one of the first vape pen explosion lawsuits filed in the U.S., after a woman was caught in a car fire and badly burned when her vape pen battery ignited while she charged it.
What Type of Compensation Can I Get in a Vape Pen Lawsuit?
Dangerous and defective product lawsuits seek two primary types of damages.
First, vape device lawsuits seek compensation for the pain and suffering, fright and shock, scarring and disfigurement, and other types of non-economic claims. The lawsuits also seek compensation for medical bills and lost wages.
In many states, the injury victim can seek punitive or exemplary damages against the vape pen manufacturer. These awards can be substantial. However, some states do not allow these damages.
Other states have caps, or limits, on the amount of money that can be awarded in a products liability lawsuit, regardless of the seriousness of the harm or injury.
What to Do After Your Vape Pen Explodes?
The most obvious thing to do is get prompt medical care and attention.
If possible, take photographs of the vape pen as soon as possible after the explosion or fire, as well as the contents that exploded out of the unit.
Also, make sure that you preserve the vape device without making any changes to it after the incident, so that it can be inspected by an expert for product defects. These things will give you the best chance of winning your lawsuit and receiving a settlement.
Are There Time Limits for Filing Vape Device Lawsuits?
Yes. All states have statute of limitations for filing lawsuits.
The time deadlines vary from state to state, so it is important that you contact an experienced defective products attorney as soon as possible after the incident. This will avoid missing deadlines that might limit your ability to sue the manufacturer or retailer that sold you the product.
Who are the Best Lawyer for Vape Pen Lawsuits?
The award-winning attorneys at Buckfire & Buckfire, P.C. are the smart choice to handle your defective vape pen case.
Our legal team partners with other top firms around the United States to take on the large retailers and their high-priced lawyers to win your case. We have the resources to prove your lawsuit and win you the highest possible settlement.
What are the Lawyer Fees for Vape Device Cases?
Our law firm will represent you under our no-fee promise. This means that there are no legal fees whatsoever and we only earn a fee if you win a settlement.
We get only get paid at the end of the case and the money comes out of the settlement. We also advance all case costs and expenses.
Get Started on Your Vaporizer Pen Class-Action Lawsuit
Call our defective vape pen lawyers now at (800) 606-1717 for your case.
You can also submit the Free Case Review Form or speak to our intake specialists with the live chat on this page. We will listen to your story and get started immediately with our investigation.