New York Vape Shop Sued Over Exploding Vaporizer Battery

Vaper Empire E-Liquids

A New York vape shop, Village Vape-Or-Smoke in Webster, is being sued by a man who, according to the allegations filed in his lawsuit against the company, sustained injuries when a vaping device that he purchased from the store exploded.

According to the lawsuit, which was filed in the N.Y. State Supreme Court on January 5, 2018, the complainant sustained “severe and painful burns” when the battery on his Smoke-E Mountain vaporizer unexpectedly combusted while he, 21-year-old Owen Atkisson, was using it.

Mr. Atkisson was 19-years-old at the time of the alleged incident.

In some parts of the state of New York, the smoking age has been raised to 21, however, in most parts of the state, the legal age to buy tobacco and nicotine products is 18.

According to the complaint filed in the state Supreme Court, the alleged incident in which the battery exploded, leaving Atkisson with what he has claimed to be “permanent scarring,” took place on October 16, 2015.

A lawyer representing Atkisson, William Bauer with Woods Oviatt Gilman, reportedly indicated that his client is currently serving in the U.S. military and stationed outside of New York state, the Democrat & Chronicle reported.

According to data from the U.S. Food and Drug Administration (FDA) and Fire Administration, exploding e-cig batteries are currently on the rise.

The American Vaping Association has previously claimed that a number of these incidents with exploding vape batteries have come as the result of user’s improperly modifying their vapes.

Regardless of the reason, lawsuits of this nature are currently on the rise.

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