Exploding Phones & E-Cigarettes: Are You Eligible for a Product Liability Claim?
Have you been injured by an exploding smartphone or e-cigarette? Like many other electronic devices manufactured over the past decade, modern cell phones, laptops, e-cigs, and e-vapes are powered by quick-charging lithium ion batteries which are molded into varying shapes and capacities. While the state of most modern technologies would be profoundly different without these batteries, lithium ion batteries contain highly flammable chemicals which have been known to malfunction and explode if overheated or damaged, causing consumers to suffer serious burn injuries.
Battery explosions have been known to be caused by:
- Using mismatched chargers
- Internal short circuiting
- Exposure to external heat sources
Although lithium ion batteries have always been regarded with caution, many modern devices such as the Samsung Galaxy Note 7 are being outfitted with defective batteries, resulting in massive recalls and lawsuits. But under what circumstances can electronics manufacturers and sellers be held liable for injuries caused by these devices?
Proving a Defective Product Liability Claim
When goods manufacturers release a product to market, they are required to thoroughly inspect and test their merchandise for potential dangers. Under the legal principal of strict liability, if a defective or poorly designed product causes harm to a consumer, regardless of whether or not they acted negligently, the injured party may file a product liability claim against the manufacturer, distributer, seller, or other party within the distribution in pursuit of compensation.
To be successful, an injured plaintiffs must be able to prove:
- The product was sold in an unreasonably dangerous condition
- The seller expected and intended for the product to reach the consumer without changes
- The plaintiff or their property was injured by the defective product
Exploding battery cases often revolve around errors in manufacturing or design, such as an e-cigarette chassis placing too much pressure on its battery pack, or a failure of the manufacturer to properly warn consumers of known risks. Unfortunately, it can be difficult to determine if a battery is defective before it is too late. Ultimately, it is important for injured parties to consult with a knowledgeable attorney to determine their legal options.
You May Have a Case – Call Shiner Law Group
At Shiner Law Group, our Boca Raton personal injury lawyers have been protecting the rights of individuals hurt by faulty batteries and other dangerous products for more than 15 years. If you have been injured by an exploding battery, our advocates have the vast legal knowledge and skills to help you pursue every penny’s worth of your entitled compensation.
Get in touch with us online or call (561) 777-7700 today to get started towards filing a claim.