American justice should soon decide on its competence, or not, to judge these cases.
The Texas Supreme Court will decide
Although accidents due to the use of an electronic cigarette are rare, they can still occur. At the top of the list of miscellaneous facts about a vaping device: battery explosions can sometimes cause serious injuries to victims. Until now, the vape industry agrees that the explosion of the battery of a personal vaporizer is the result of improper use of the battery. Transporting an unprotected battery or supplying a mechanical mode with a battery whose capacity is not sufficient can, for example, be causes of accidents.
The United States, like other countries around the world, has had a few locals who have been victims of battery explosions. Among them, Tommy Morgan who, in 2016, bought an 18650 format accumulator, manufactured by LG. This would then have exploded, causing him “permanent and serious injuries”according his complaint filed in 2019 in Brazoria County District Court.
Yesterday, the Supreme Court of Texas, where Tommy Morgan is from, agreed to hold a hearing during which it will be questioned whether or not the American court is competent to judge this case.
Until now, the few lawsuits brought in the USA for a similar cause have been dismissed, the American courts having declared themselves incompetent to judge these cases. Indeed, according to LG, since the company does not sell individual batteries in Texas, nor directly to residents of the state, it is not up to the courts of Texas to judge them. Additionally, the manufacturer has always stated that the batteries it manufactures were never intended for use in vaping devices.
The Supreme Court is expected to decide this case and indicate whether or not state courts have jurisdiction over it. If so, the court cases related to the explosion of a vape battery could well see their number increase in the United States. A hearing which will therefore prove to be important for American vapers, even if it will not judge the merits of the case, namely, whether this explosion is the responsibility of the vaper, or of the battery manufacturer.
