Plaintiffs in Alabama and across the country have filed lawsuits after alleged e-cigarette battery explosions. Among other claims, some are alleging that e-cigarette manufacturers failed to warn users of the risk of fires and explosions.
Failure to Warn Claims
In Alabama failure to warn claims, plaintiffs must show that a defendant failed to warn consumers of dangerous conditions or risks in a product. Generally, there must be an adequate warning of a product’s dangers, unless the danger is obvious. This means that not only must products have warnings of the relevant dangers, but also they must adequately disclose the risks. For example, warnings or instructions may be inadequate if the information is insufficient concerning the proper use of the product or if the warnings are ambiguous. Some recent e-cigarette explosion lawsuits have alleged that the e-cigarette manufacturers have failed to include proper labels warning consumers of the risks of battery fires.
E-Cigarette Explosion Lawsuits Increasing
According to one news source, in 2017, over 120 lawsuits were filed in which people alleged that they were injured in explosions from e-cigarette, or vape, batteries. Some individuals alleged that the e-cigarettes exploded in their mouth, while others claimed the e-cigarettes caught fire in their pockets.