Legal Action On Batteries
Americans misusing vape equipment are looking to blame others.
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by Dave Cross
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If there were a state in the U.S.A. that is most likely for such a frivolous legal action to be taken out then it’s California. Spencer Beck lives in Orange County and claims he had a Li-ion cell explode in his trouser pocket. “All of the sudden I heard this noise and felt heat, it was like a road flare went up in my pocket," said the ignorant vaper. "I had no idea that this could happen.”
Whose fault is this? Could it be that Spencer didn’t do any research into battery safety before buying some? Could it be that he failed to find out how batteries can short out? Could it be that he placed the cell into his pocket along with some keys or coins? Absolutely not! It is the fault of the shop that sold him the cells and the shop that sold him a charger – so he’s going to sue them.
Meanwhile, over in Pismo Beach (but still remaining in the Golden State), Darin Dryoff is also planning how he is going to extract millions from a booming vape industry. Even better for him is that he didn’t even have to pay for the equipment as they were a present from a storeowner.
According to his lawsuit: “When [he] pressed the button on the Kennedy Atomizer, the e-cig exploded, igniting his right hand, and sending hot metal shrapnel and debris toward his face and hands.”
What’s that? He pressed a button on his Kennedy atomiser? That must be an RDA we’ve not seen the likes of over here in the UK. Could it be that the fool hadn’t read the reasonable disclaimer that Kennedy Enterprises posted clearly on their website: “Rebuildable atomizers are for the experienced vapers with access to multimeters and a working knowledge of how electronic devices work. Please ensure care is taken as to not cause damage/harm to the atomizer, vaping device, or yourself”?
Dryoff, like Beck, claims the manufacturer and the store had an obligation to mollycoddle him through every vape he took. He claims Kennedy failed to make sure its products were safe before they went to market and that the shop “failed to warn Dyroff of the potential risks of an explosion.” It’s a dripper. To what extent should he bear responsibility for the consequences of his own action (and inaction) in the matter? Why not discuss it on the POTV forum.
Dave Cross
Journalist at POTVDave is a freelance writer; with articles on music, motorbikes, football, pop-science, vaping and tobacco harm reduction in Sounds, Melody Maker, UBG, AWoL, Bike, When Saturday Comes, Vape News Magazine, and syndicated across the Johnston Press group. He was published in an anthology of “Greatest Football Writing”, but still believes this was a mistake. Dave contributes sketches to comedy shows and used to co-host a radio sketch show. He’s worked with numerous vape companies to develop content for their websites.
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