Lawsuits Involving Vape Pens are Increasing

vape pens lawsuits
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The manufacturers of vaporizer pens or vape pens tell consumers it is an alternative to cigarettes and is safer. There is a difference between a manufacturer saying their product is safe, and it being safe. This is the reason there’s an increasing number of vape pen lawsuits.


Makers of vape pens billed their product as the anti-cigarette. They have gotten a lot of attention from those who use tobacco products for nicotine. Vaporizer pens don’t deal with direct tobacco. They operate using an electric coil, battery to atomize cotton containing nicotine liquid and oxygen. This creates a vapor that is inhaled by the user. There is not any real tobacco involved. This doesn’t make it a safe product. Since there is a constant charging battery providing heat for atomization, vape pens do explode. This has led to serious injuries. In recent years, lawyers working as a Vape Pen Explosion Attorney have seen the number of these types of cases increase.

Exploding Batteries

More than 119 people filed lawsuits involving vape pens in just 2017. Many of them were based on the vape pen’s exploding batteries. Some of these lawsuits were filed by individuals claiming the vape pan exploded in their mouth. The injuries sustained range from their teen being knocked out to having third-degree burns and more. These injuries were not just caused by a malfunctioning device being used when inhaling a vapor. They also involved people having spare batteries for the vape pens in their pocket. These batteries would explode as well as catch fire. This resulted in many people experiencing third-degree burns on their legs and other extremities.

Vape Pen Liability

The majority of lawsuits involving vape pen injuries are considered liability claims. They often allege one of the three causes for malfunction occurred in their case.

  • Defects in Warnings. This is alleged against a company that has failed to properly inform customers of the known risks of their products. Companies have been accused of providing no warnings at all, inaccurate warnings or inadequate warnings in regards to vape pens.
  • Design Defects – A defective design of a vape pen will result in consumers experiencing an unreasonable risk. This is the case even if the vape pen is manufactured and used as instructed.
  • Manufacturing Defects – A simple mistake during the production process of even a well-designed vape pen can result in serious danger to consumers.

Why Vape Pens Explode

There is not a single cause but several. This means it is not possible to determine when they will explode. It’s also not possible to keep all of these products from exploding. They are run by lithium-ion batteries. Huge numbers of the batteries are produced. This makes it possible for a few faulty ones to get through the manufacturing process. They could avoid quality control efforts and be defective. These defective batteries can easily overheat. This will result in people having a vape pen with a defective battery being injured. The overheating battery will explode via combustion causing harm to those who have the vape pen on them. It is also possible for a battery to be damaged and then overheat. Keys or pocket change can rub against the batteries in a vape pen resulting in damage to the device and causing an explosion.


Many of the lawsuits involve serious burns. A case in California involved a man who alleged he lost one of his eyes when his vape pen exploded. There have even been wrongful death lawsuits filed against the vape pen industry. The first alleged wrongful death lawsuit from a vape pen involved Thomas Gangi from Bohemia, NY. According to the lawsuit, a vaporizer device caused shrapnel to be launched into Gangi’s head. Many of the vape pen lawsuits involve claimants alleging they have been burned on their groin or legs because they had vaporizer battery in their pocket when it caught fire.

U.S. Fire Administration

This agency views the hazards presented by vape pen batteries as unique. It notes that there is not another type of consumer product that has a battery attached to a known explosion hazard. This product is designed to be carried and used within close proximity to a person’s body. According to the Fire Administration, when a vape pen battery fails, the pressure will increase until the seal located at the end of the battery bursts out. This will result in battery components being shot like a small rocket.

Future Battery Technology

There are a lot of designs for alternative lithium batteries for vaping devices being developed. There have been some technological advancements. A device is being developed with a battery design that will shut down if it becomes too hot. There is still going to be many devices without this technology when it is developed.

There are reports that vape pen explosions have caused facial fractures, missing teeth, burns as well as driving accident and more. The reality is that vape pens come with a wide variety of risks. They have been the source for many different types of lawsuits. Individuals who have not been injured have started filed lawsuits against those in the vaping industry. This is for failing to properly warn them about the dangers associated with their product, false advertising and more. Lawsuits against the vaping industry show signs of increasing.

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