“eCig Explosion” Lawsuits Could be Quick Cash Schemes

With mass amounts of misinformation being spread around the world, claiming the risks of Vaping are the same as the dangers of smoking, it seems some people are willing to take advantage of an already injured industry - an economic scapegoat, the vapor industry. Specific Law Firms are putting out ads targeting people who have experienced what they refer to as “eCig explosions” when in reality, the unfortunate incidents deal more with battery malfunction. These Law Firms are proving these cases to be lucrative pursuits, which can be risky public knowledge given that so many are in need of financial relief.

Tony Ottomanelli II

March 6, 2017

The American Dream – Reestablished by Vapor

Just around this time of year, only a couple years back, it could be said that the American Dream had been reestablished in the name of Vapor. Over the past 5 years, the U.S. saw vape shops popping-up all over the major cities. Not to mention, it seemed everyone knew at least one other person starting their own juice line whether you vaped or not.

Opening up vape shops with the intentions of educating others on their harm reducing benefits.

All in all, the working class freed themselves from being slaves to Corporate America & Big Tobacco by following what they experienced as a miracle. The lifestyle of vaping allowed them to quit years of smoking, nothing had ever worked so well before. This needed to be shared and the people needed to be made aware.

Thousands quit their dead-end jobs where they worked just to keep food on the table and followed their hearts and instinctively found their calling. Opening up vape shops with the intentions of educating others on their harm reducing benefits. Therefore, they put themselves back to work by embracing their entrepreneurial spirit and small becoming business owners.

Unforeseen Future

Now, at this moment in time, the independent U.S Vaping Industry is facing the toughest year since it’s existence. Why? Because the FDA has taken upon themselves to install a prohibition on vapor devices – states are imposing excise and wholesale taxes on all vapor related consumer products, as well as local municipalities.

It is clear that Vaping has become a target for extinction, despite the overwhelming evidence of its harm reduction capabilities. Sadly, this also means nearly 8K Vape shops will be forced to close Nationwide along with small business owners losing their livelihoods, so will approximately 40,000 jobs (assuming there are 5 people working at each shop, which in most cases there are more than 5). Hopefully, in a society where moral duty is sensationalized, extinction is not exactly what will occur, but the future of vaping appears cloudy and tragically unforeseen.

Vapor Devices Are Not Exploding, Batteries Are Degassing

The Vaping Post covered this topic in great detail in a brilliant article. Battery safety is by far a huge concern for the community. The industry is taking these scenarios and possible malfunctions as a very serious measure and treat it as an unfortunate drawback. The most important safety precaution in reference to vaping devices and companies, big and small have been on a mission to better educate consumers on how to take care of their equipment and accessories, namely lithium-ion batteries. Nearly every shop promotes battery safety.

For any vape-related business owner, the most important safety precaution on their minds and now a vital portion of their agendas is to continuously educate consumers regularly on this issue. The vape community, especially those vapers with 2+ years experience, fully understands this is a delicate topic and if any individual were to experience such a dangerous situation, a large majority of vapers are genuinely sympathetic and disappointed.

It is never a good idea to have other loose metallic objects next to your unprotected lithium ion batteries while in an enclosed space.

However, the recent influx of sudden unexpected batteries malfunctioning,, is causing more skepticism about vaping among wider society. Most do not realize these accidents occur due in large part from user error. Often times, these things happen even if you’re not deliberately attempting to use the device as it rests near your keys or loose change in your pocket or perhaps your purse, fanny-pack or tote bag, depending on your preference for fashionable accessories. It is never a good idea to have other loose metallic objects next to your unprotected lithium ion batteries while in an enclosed space.

Nevertheless, the incidents are overly-reported and slightly exaggerated by the media and quickly nullified by the public far more than is necessary on television, as these circumstances are very rare and hardly occur. As a matter of fact, statistics prove that the Droid cell phones were overheating and catching fire at a rate much faster, than vapor devices ever have. Meaning more devices were compromised in the short span of time they were available to consumers before they were recalled. Yet, the Samsung Galaxy Note 7 is not the only culprit of having lithium ion batteries prematurely degassing.

Reference of Proof – it’s the Batteries, Not the Device

These scenarios are highlighted in the brilliant article covered by the Vaping Post this past November. The article clarifies that these incidents are not only occurring with vapor devices, but pretty much any type of device using lithium ion batteries for power seems to have identical malfunctions.

The article states, “Smartphones, tablets, laptops… you probably also remember the cases of some Hoverboards, the electric skates consumed by flames. More spectacular even is the case of the famous electric vehicle Tesla that caught fire in Biarritz, during a promotional summer tour in France, last August 2016. The same story that happened a few months earlier in Norway.

The last in date is the Samsung Galaxy Note 7, last September. Just after its release and just before its main concurrent, iPhone 7, reaches the market, the press reported cases of spontaneous combustion and even explosion with blast. Each time the accident leads to the complete destruction of the device and, unfortunately, to some parts of its environment, including injuries to its owner or to bystanders.”

eCig Explosion Lawsuits

At the same time, if these incidents involving exploding lithium-ion batteries somehow do occur and someone then becomes a victim, figuratively speaking – they are either advised or already planning to seek legal counsel. Speaking more literally, it is a higher probability that the device, itself is, in actuality the real victim, as all of these unfortunate scenarios have involved some form of user-error and battery malfunction. Nonetheless, some attorneys have certainly been known to target scapegoats for quick cash. It is safe to say that those within the vapor industry are undeniably vulnerable.

Some law offices are now making this unfortunate scapegoat of rare danger their primary focus for their law practice.

Naturally, human beings are emotional and thrive off dramatics, often enjoying attention. Not to mention, given the way in which our economy is structured, human beings often enjoy making lots of money especially when nothing was officially accomplished. Therefore, many of the people who have these battery malfunctions, immediately seek legal counsel in which they are, in most cases, a guaranteed victory of receiving compensation.

For instance, some law offices are now making this unfortunate scapegoat of rare danger their primary focus for their law practice. Some attorneys are going so far as making ads based on information they’ve compiled from one website and marketing their services about helping those who have experienced “eCig explosions.”

One example would be Attorney Marc Freund, who is quoted as saying, “What’s unconscionable is that a device marketed around the world as safer than smoking actually poses immediate health risks.” This is an undoubtedly inaccurate and biased statement – purely an attempt to disguise vapor devices as dangerous rather than harm reduction tools.

A woman in California was awarded $1.9 million in one of these cases.

Very unfortunate for many reasons, but the fact that “exploding eCigs” are typically the only vape-related topics ever covered on the mainstream news and the amount of people who are desperate for financial freedom, the likelihood that some of these incidents may involve foul play – Is it a possibility that people may be exaggerating their experiences when claiming exploding devices? There is at least a sliver of exaggeration with the claim in general, as we’ve learned, the devices are being damaged due to battery malfunctions – so, there is no “eCig explosions.”

Though, this is not an attempt to discredit any injured individuals as most claims seem legitimate and truthful. Although, do keep in mind that a woman in California was awarded $1.9 million in one of these cases and we all know that plenty of American citizens abuse their right to use the court system and who would take advantage by doing something like this for that amount of money. Yet, please understand this is not an accusation aimed at that particular case.

“The woman subsequently filed suit against the e-cig’s manufacturer, a Corona-based company called VapCigs, as well as the product’s distributor, Cartons 2 Go, and the local retailer where she had purchased the device. Her lawsuit was filed in July 2013 in the Riverside County Superior Court. On September 30, 2015, a jury for the state court found all three businesses liable for the woman’s injuries, awarding her $1.9 million.”

Not just Americans either, it is very likely plenty of people around the world would partake in such an activity to personally receive a million dollars when in reality they are actively destroying the reputation of an already marginalized industry.

This is a prime example of another money-making scheme by attorneys based on the downfalls of a singled-out, scape-goated precaution of the vapor industry. Thus, businesses are allowed to operate as long as they take money away from the Vape industry.

By no means is this a suggestion stating that all vapor device malfunction incidents that lead to judicial review or legal disputes are fraudulent. Not to mention, there is extreme sympathy felt for anyone who may have experienced this issue. However, this article is more of a precautionary warning for manufacturers to keep an eye out and ear open for the smallest sign of any foul play or suspicious activity.

Things are never what they seem

Gambling by opening a small business with the intentions of helping others quit a deadly habit is indeed commendable. That was the American Dream after all – make a living doing what you love and believe in and help as many people in the process. At least that’s what we were raised to believe life could be in America, but unfortunately we all must find out the hard way that “things are never what they seem.” A quote that should be used in these court room battles over “ecig explosions” due to the fact that though it may seem as if an ecig exploded, in actuality malfunctioning. Who knows the truth when there is so much suspicion and doubt?

Click Here for a link that is an exact example of what has been described in this article.