Enjuris Blog | Find Answers and Share Your Accident's Story

Finding answers after your accident

24/7 Free Consult   (800) 734-4134    
  • Find a Lawyer
  • Accident Resources
    • Personal Injury Law
      • You’ve been hurt. Now what?
      • Do I have a claim?
      • Finding the best attorney to represent you
      • Dealing with Insurance
      • Laws by State
      • View all
    • Accident Types
      • Car accident
      • Truck Accident
      • Workplace injury
      • Wrongful death
      • View all
    • Workers’ Comp
      • Common work injuries
      • Finding the best workers’ comp lawyers
      • How workers’ comp benefits work
      • Personal injury vs. workers’ compensation
      • View all
    • Injury Guides
      • Spinal Cord/Column
      • Brain Injury
      • Occupational injuries
      • Whiplash
      • View all
    • More
      • Blog
      • Tell Your Story
      • Forms and Worksheets
      • Videos
      • For Students
      • About Us
  • Attorney Marketing
    • Compare Plans
    • Become a partner
    • Contribute to our Blog
    • Enjuris Excellence badge
    • Contact Us
Home > Blog > Florida > Exploding E-cigarette Results in $15 Million Florida Verdict

Exploding E-cigarette Results in $15 Million Florida Verdict

Contributor: Enjuris Editor How can I contribute?

Exploding E-cigarette Results in $15 Million Florida Verdict

Jump to section
  • About the lawsuit: Manuel Ortega v. Vapor Life LLC
  • How common are e-cigarette burn injuries?
  • Can you recover damages if you’re injured by an e-cigarette?

 

A Florida resident was awarded more than $15 million in damages after an e-cigarette battery exploded in his pocket.

Let’s take a look at what happened and whether e-cigarette battery explosions are something you should be worried about.

About the lawsuit: Manuel Ortega v. Vapor Life LLC

Manuel Ortego filed a lawsuit against Vapor Life LLC after his e-cigarette battery exploded in his pocket, causing third-degree burns to his lower extremities. Although Shenzhen Battery Company manufactured the battery, they weren’t named as a defendant.

The lawsuit alleged that Manuel had been using the Vapor Life e-cigarette for less than a month before it suddenly blew up in his pocket. The lawsuit further alleged that the battery lacked proper thermal protection due to a design flaw.

On October 19, 2021, a South Florida jury awarded Manuel $21,000 to compensate him for the medical expenses associated with his burn injuries.

In addition, the jury awarded Manuel $15 million for his pain and suffering.

The term “pain and suffering” refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that’s caused by an injury. Pain and suffering damages are considered “non-economic damages.”

Enjuris tip: Learn more about the different types of damages available in a personal injury case. 

Vapor Life LLC is no longer an active company, so it remains to be seen whether Manuel will actually be able to recover the money he was awarded. 

How common are e-cigarette burn injuries?

E-cigarettes were invented in 2003 by a Chinese pharmacist. By 2010, several brands were available in the United States market.

Generally speaking, e-cigarettes have 4 components:

  1. A battery
  2. A reservoir for holding the nicotine-containing solution
  3. A heating element
  4. A mouthpiece

The battery enables the heating element to heat the nicotine-containing solution into an aerosol, which is then inhaled through the mouthpiece.

The initial public concern about e-cigarettes focused on the potentially harmful chemicals involved. However, more recently, the public has grown concerned about the possibility of harm caused by exploding e-cigarettes.

E-cigarette explosions, while rare, are probably more common than you think.

Facing facts:One study that pulled data from 5 burn centers around the country found 127 patients injured by exploding e-cigarettes between 2015-2019.

Although the cause of e-cigarette explosions varies, overheating of the battery (“thermal runaway”) is believed to be the most common cause. Thermal runaway is also responsible for many of the exploding smartphones and exploding Tesla batteries that have been in the news.

Tips for using e-cigarettes safely

Although we certainly can’t guarantee you won’t be injured by an e-cigarette, there are some steps you can take to decrease the odds of a battery explosion or fire:

  • Charge e-cigarettes only with the charger they come with
  • Don’t leave e-cigarettes charging overnight
  • If batteries start to get hot, discard them
  • Don’t use the e-cigarette while the battery is charging
  • Don’t modify e-cigarette products in any way
  • Don’t use batteries if damaged, leaking, or wet, and dispose of them appropriately (via local refuse schemes)
  • Don’t leave e-cigarettes plugged in once fully charged

Can you recover damages if you’re injured by an e-cigarette?

If you’ve been injured by an e-cigarette, there’s a good chance you can recover damages. The type of lawsuit filed by e-cigarette burn victims is typically a product liability lawsuit.

The law recognizes 3 types of defects that can lead to a product liability claim:

  • Manufacturing defect. A defectively manufactured product is one that—though properly designed—left the manufacturer in a condition other than intended.
  • Design defect. A product is defectively designed if it failed to perform as safely as a reasonable person would expect, even when used as intended (or at least in a manner that was reasonably foreseeable).
  • Failure to warn. Manufacturers have a duty to warn users of the dangers that can be reasonably anticipated and that are inherent in their products.

Manuel Ortego’s lawsuit against Vapor Life LLC is not the only e-cigarette explosion lawsuit that has been filed.

In 2018, a Florida man died when his e-cigarette exploded. Tallmadge D’Elia, 38 years old, was killed when an e-cigarette manufactured by Smok-E Mountain exploded. A projectile from the e-cigarette struck Tallmadge in the head, causing his death. A wrongful death lawsuit was filed but has not yet been resolved.

In 2019, a Florida court awarded more than $2 million to a Florida man who was injured when his e-cigarette exploded in his mouth. The man, who sued the company that sold the lithium-ion battery used in the e-cigarette, was awarded $48,000 for medical expenses and $2 million for his pain and suffering.

E-cigarette injury cases will undoubtedly become more common as people continue “vaping” and using e-cigarettes. If you’ve been injured in an e-cigarette accident, schedule a free consultation with a defective product attorney near you to review your legal options.

Leave a Comment Cancel reply

Required fields are marked *. While our editors carefully moderate all comments, Enjuris cannot guarantee the authenticity or accuracy of the information contained in the post. Such information should not be used as a substitute for obtaining legal advice from a professional. We always recommend consulting with an attorney or other legal professional if you require legal advice. Also, know that any information you provide in your comment may be published on our website, so please avoid sharing any confidential, private or personal information that you don’t want to be made public. Lastly, we will not publish any comments that we determine are promotional, hateful or inappropriate.

GET HELP NOW
Lorenzo and Lorenzo
Lorenzo & Lorenzo Accident and injury law firm.
Serving Tampa, St. Petersburg and Clearwater, Florida
FREE CONSULTATION (813) 998-9529 Specialty: Personal injury • Hablamos Español

Categories

  • News Stories
  • My Accident Story
  • Resources You'll Love
  • Questions & Answers

In Your State

AZ CA CO FL GA IN MT NC SC TN TX

Attorney Authors
Enjuris Partners

AL attorney Steve Altmann

Steve Altmann
Nomberg Law Firm, AL

Denver accident lawyer Mack Babcock

Mack Babcock
The Babcock Law Firm, CO

Texas personal injury and wrongful death lawyer Laura Brown

Laura Brown
Brown Trial Firm, TX

Attorney Mark Chappell

Mark Chappell
Chappell, Smith & Arden, SC

Neal Davis

Neal Davis
Neal Davis Law Firm, TX

Atlanta workers’ compensation attorney

Natalie Elkins
Gerber & Holder Law, GA

Roger Finderson

Roger Finderson
Finderson Law, IN

Ben Gerber

Ben Gerber
Gerber & Holder Law, GA

Chris Gilreath

Chris Gilreath
Gilreath & Associates, TN

Attorney Taylor Henderson

Taylor Henderson
Sachs Law, CA

Award-winning Atlanta workers’ compensation attorney

Thomas Holder
Gerber & Holder Law, GA

George Lorenzo

George Lorenzo
Lorenzo & Lorenzo, FL

Matt Murphy

Matt Murphy
Murphy Law Firm, MT

Tom Murphy

Tom Murphy
Murphy Law Firm, MT

Bernard Nomberg

Bernard Nomberg
Nomberg Law Firm, AL

David Nomberg

David Nomberg
Nomberg Law Firm, AL

Annemarie Pantazis

Annemarie Pantazis
Wilder Pantazis Law Group, NC

Brett Sachs, California accident attorney

Brett Sachs
Sachs Law, CA

Chelsee Sachs, California accident attorney

Chelsee Sachs
Sachs Law, CA

Charla K. Tadlock, Montana personal injury and workers' compensation attorney

Charla K. Tadlock
Murphy Law Firm, MT

Stephanie Tucker, Denver, CO workers' compensation attorney

Stephanie Tucker
The Babcock Law Firm, CO

Attorney Beau Wilder

Beau Wilder
Wilder Pantazis Law Group, NC

Wilder Pantazis Law Group

Rob Wilder
Wilder Pantazis Law Group, NC

Robert E. Wisniewski

Robert E. Wisniewski
Law Offices of Robert E. Wisniewski, AZ

Contributors

  • Terry Bryant
  • Jason Chalik
  • Daniel Clancy
  • Jacob Emrani
  • John Foy
  • Edward Friedman
  • Bert Louthian
  • Justin Lovely
  • Joseph Markey
  • Jim Parrish
  • Isaias Valencia
  • Steven G Wigrizer
  • Doug Zanes

Free E-Books

car accident e-book

I've been in a car accident I've been in a truck accident

truck accident e-book

What happens now?

What is Enjuris®?

A collection of resources to help people at a tough time in their lives. A place to share your story. A national directory of injury lawyers. Supporter of students, families, caregivers and our communities. How can I contribute?


Hire the right lawyer (800) 734-4134

Lawyer Directory
Car accident attorneys
Defective product attorneys
Personal injury attorneys
Medical malpractice attorneys
Wrongful death attorneys
Workers' compensation attorneys

Enjuris Partner Accident & Injury Lawyers

Gainesville, FL Personal Injury Attorneys
Tampa Personal Injury Attorneys
Lorenzo & Lorenzo (Tampa, Florida)
Finderson Law (Fort Wayne, Indiana)
Wilder Pantazis Law Group (Charlotte, North Carolina)
Brown Trial Firm (Waco, Texas)
The Babcock Law Firm (Denver, Colorado)
Gerber & Holder Law (Atlanta, Georgia)
Law Offices of Robert E. Wisniewski (Phoenix, Arizona)
Murphy Law Firm (Great Falls, Montana)


Law students

Enjuris' Student Center is a resource for all pre-law college students and current law students. Learn how to get ahead in your studies and the career field, as well be a guest contributor to our blog and apply for one of our scholarships.


Partner with us

If your goal is to help people after an accident or injury – or to prevent them in the first place – we'd love to hear from you! We look to work with educators, healthcare and recovery organizations, insurance providers, law firms and other organizations. Get in touch to see how we can work together. Learn more...


Are you a personal injury lawyer?

Login Add your Firm Lawyer online marketing Free resources for attorneys Attorney / SEOs newsletter signup

Contact us today to get involved.
Services for attorneys
Personal Injury Law Firms Directory
Directory guidelines
Law firm SEO quote
Terms of Use


Twitter Facebook LinkedIn YouTube Blog Blog feed

SEO Advantage®, Inc.    SEOLegal Division, Lawyer Marketing    3690 West Gandy Blvd., Suite 444    Tampa, FL 33611    Contact us today

Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Read more about Enjuris.


Copyright © 2022 Enjuris.com. All rights reserved. Terms and conditions The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our site and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal advice. Privacy policy.

SEOLegal.com

Attention attorneys
and SEO firms
  • Make Enjuris work for your law firm
  • Exclusive offers & discounts
  • Content contribution opportunities