Electronic Cigarette Explodes in Man's Mouth
An electronic cigarette exploded in a Florida man's mouth, causing disfiguring injuries and burns, firefighters say. A defective product lawsuit is likely.
Tom Holloway, 57, of Niceville, Fla., lost some front teeth and part of his tongue in the e-cigarette explosion, the Associated Press reports. He also suffered burns to his face.
The blast can be blamed on the e-cigarette's battery, firefighters said. "The best analogy is like it was trying to hold a bottle rocket in your mouth when it went off," one firefighter told the AP.
The electronic cigarette explosion happened Feb. 13. Holloway was trying to quit smoking by using an e-cigarette, a battery-powered cigarette that delivers tobacco vapor instead of smoke. Somehow the e-cig’s tiny battery blew up, firefighters say.
The brand of e-cigarette and type of battery are not yet known, investigators told the AP. But a trade-industry expert said he had not heard of any similar problems among the 2.5 million Americans who used e-cigarettes last year.
As Tom Holloway recovers from the electronic cigarette explosion, he may be considering a products liability lawsuit. The suit could allege a design defect — that injuries caused by a product could have been avoided by adopting a different design.
The suit could also allege a manufacturing defect — an error in the process of making the product; strict liability generally applies in those cases. Holloway may also be able to pursue a claim under an implied warranty of merchantability — that a product sold is in good working order.
Tom Holloway is recovering at a burn center, his neighbor told local WEAR-TV. The electronic cigarette explosion victim, possibly the nation’s first, is also a Vietnam vet and a father of three.
- Electric cigarette explodes in Fla man’s mouth (The Associated Press)
- Legal Basis for Liability in Product Cases (FindLaw)
- Browse Products Liability Lawyers by Location (FindLaw)
- E-Cigarettes Can’t be Banned, Regulated by FDA (FindLaw’s Decided)
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