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Man Sues Vape Shop For Genital Burns

vaperature

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The batteries, which Ross said were not hit during the game, “suddenly and unexpectedly exploded, causing a scathing hot mixture of shrapnel” to burn the flesh on Powell’s thighs and genitals, according to court documents.

“He described it like those Fourth of July sparklers,” Ross said. “A hot, fizzing kind of explosion. Not a loud kaboom, (more like) a sizzling star. The sparks were shooting from his crotch area.”


http://www.thenewstribune.com/2015/03/11/3682933/texas-man-sues-store-claims-e.html
 

Whiskey

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tumblr_n9uz10okGc1rwh6gxo1_500_zpsyedwg4ft.jpg
 

M5amhan

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this is why vape shops (esp those that sell mech mods) HAVE to have disclaimers on every product and liability insurance. a simple piece of paper with every mech mod would suffice, hell i would even have them sign stating they understand the terms of the purchase. these people suing will probably win if they only received a mod with no instructions or disclaimers

edit: with high drain batteries as well
 

freemind

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this is why vape shops (esp those that sell mech mods) HAVE to have disclaimers on every product and liability insurance. a simple piece of paper with every mech mod would suffice, hell i would even have them sign stating they understand the terms of the purchase. these people suing will probably win if they only received a mod with no instructions or disclaimers

Agreed. In a world where you can sue a restaurant because your were a moron and burned yourself with coffee, having a signed waiver is golden.
 

nightshard

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Agreed. In a world where you can sue a restaurant because your were a moron and burned yourself with coffee, having a signed waiver is golden.
It's not the world, it's only in America.


There are no stupid batteries, just stupid people.
 

vaperature

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Before anyone jumps on the bandwagon in support of the McDonald's Corporation, they need to watch this film

 

f1r3b1rd

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Reminds me of trying to light a fart on fire

-don't judge me
 

Midniteoyl

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He had batteries unprotected in his pocket! Really? Bet you he had change and/or keys in there too which shorted out the batteries. Happens to people all the time. 9v battery fires anyone?
 

Jaaxx

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The more I think about it, I just don't know how he got burned that badly before he could get the short off or something.
I have accidentally shorted batteries on my workbench several times for a couple of seconds. I am fairly sure I would notice the sparking and popping next to my balls way before a fire started! I dunno.
 

5150sick

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"Powell, who bought two rechargeable lithium-ion high-drain batteries at the chain’s Pantego store, had them in the front pocket of his shorts while playing kickball with a niece and a nephew at his grandparents’ house last year, according to Jim Ross, his attorney."

I don't have any idea how this idiot will win any money in court.

I am almost 100% certain that "in the pocket while playing kickball" falls WELL outside the scope of 'normal use'!
;)
 

Midniteoyl

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The more I think about it, I just don't know how he got burned that badly before he could get the short off or something.
I have accidentally shorted batteries on my workbench several times for a couple of seconds. I am fairly sure I would notice the sparking and popping next to my balls way before a fire started! I dunno.
I'm betting they were actually at a party..
 

f1r3b1rd

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Sad thing is courts favor stupidly ALOT of times. remember the McDonald's hot coffee case? Chick sued because the coffee burned her; hence, the 'hot coffee' warning on coffee cups.

The world ia back asswords with the inmates running the asylum.
 

Midniteoyl

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Sad thing is courts favor stupidly ALOT of times. remember the McDonald's hot coffee case? Chick sued because the coffee burned her; hence, the 'hot coffee' warning on coffee cups.

The world ia back asswords with the inmates running the asylum.
The McDonalds coffee thing wasnt so much that she was stupid, but that McDonalds was heating the coffee way too hot. Much hotter than the standards. And, they were warned before and ignored it.
 

5150sick

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f1r3b1rd

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The McDonalds coffee thing wasnt so much that she was stupid, but that McDonalds was heating the coffee way too hot. Much hotter than the standards. And, they were warned before and ignored it.


Really?

I put that and battery safety in the same category of personal responsibility .
If I mishandle my batteries and they explode because of it, there is no one to blame but me.
If I order a hot beverage and it burns me because I spilled it that's my fault as well.
140° or 180° both are Gonna burn.
 

Midniteoyl

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Really?

I put that and battery safety in the same category of personal responsibility .
If I mishandle my batteries and they explode because of it, there is no one to blame but me.
If I order a hot beverage and it burns me because I spilled it that's my fault as well.
140° or 180° both are Gonna burn.
But, at below 160f, it will hurt, but it wont put you in the hospital for a week.. There is a big difference.
 

f1r3b1rd

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Not the point of personal responsibility.
when in order coffee its not temp controlled I expect it to be hot. From te moment it leaves the barista's hand and enters mine it is my responsibility .

From the moment the battery is in my care it is my responsibility not the clerks.
 

vaperature

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Really?

I put that and battery safety in the same category of personal responsibility .
If I mishandle my batteries and they explode because of it, there is no one to blame but me.
If I order a hot beverage and it burns me because I spilled it that's my fault as well.
140° or 180° both are Gonna burn.
The old woman had third degree burns on over 16% of her body and had to had skin grafts and was handicapped because of it for the rest of her life. Her lawyer would have settled for $50.000 but McDonald's insisted on taking it to jury trial and ended up losing millions because of it. Stop sticking up for McDonald's in that case.
 

f1r3b1rd

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Sweet Jesus...
What happened to personal responsibility?'

Did the clerk throw it at her?
Handicapped? Really? Was she physically incapable of returning work?



I'm not sticking up for McDonald's I'm saying we have become a crybaby society and unable to accept our own faults
 

vaperature

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Sweet Jesus...
What happened to personal responsibility?'

Did the clerk throw it at her?
Handicapped? Really? Was she physically incapable of returning work?



I'm not sticking up for McDonald's I'm saying we have become a crybaby society and unable to accept our own faults
Do I really need to post a photo of the injury? It's easily googled.


PHOTO REMOVED BY VU MODERATION TEAM (A link to the photo would have been sufficient)
 
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f1r3b1rd

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The injury is not my point. I'm sure it hurt
Her dropping the cup and blaming someone else is my point.

The clerk did not drop the cup , she did.
 
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vaperature

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The injury is not my point. I'm sure it hurt
Her dropping the cup is my point.

The clerk did not drop the cup , she did.
She didn't drop the cup. They served it to her in a flimsy styrofoam cup that was partially melted because what was inside of it was too hot. She tried to set it between her legs like anyone would do in a car as she tried to open the package of sugar and the cup collapsed and scalded her so badly that she was burned on 16% of her body. This happened on McDonald's property, on their parking lot. Stop using that case of this poor woman as an example of a frivolous lawsuit. It wasn't frivolous at all.

McDonald's argued that this type of thing happened 750 times before her, admitting they knew of the problem.
 

f1r3b1rd

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They served it to her in a flimsy styrofoam cup that was partially melted because what was inside of it was too hot. She tried to set it between her legs like anyone would do.

So she placed the hot beverage in an obviously flimsy cup between her legs? really?
McDonald's may be an evil corporation but anyone who puts something that hot close to heir pink parts is less than bright.

Ok...in my opinion that illustrates stupidity. When I get coffee every morning on m way to work, I use these really cool things called cup holders so that I don't burn my legs.


Thank you though, you're Making my point for me
Everyone wants to blame someone, anyone other than Themselves when bad things happen, rather than admit their own laziness and lack of logic processing
 

vaperature

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So she placed the hot beverage in an obviously flimsy cup between her legs? really?
McDonald's may be an evil corporation but anyone who puts something that hot close to heir pink parts is less than bright.

Ok...in my opinion that illustrates stupidity. When I get coffee every morning on m way to work, I use these really cool things called cup holders so that I don't burn my legs.
How is a cup "obviously" flimsy? That wasn't her fault, it was McDonald's fault. Why would coffee be so damn hot that it would give you third degree burns? How was she suppose to know that? That wasn't her fault, it was McDonald's fault. What if that was YOUR grandmother sitting next to you in the car simply trying to open a cup of coffee one second and being rushed to the emergency room the next second? Would you really call your grandmother stupid? McDonald's themselves were the ones that did a PR campaign to try to make it seem like a joke when they knew it was no laughing matter. Find some other case to use as your example of stupidity because the McDonald's case would be like if this guy went into the Vape Shop and was handed a battery and it blew up in his face right then and there. There's no comparison between the two cases.
 

f1r3b1rd

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I'll run any further example past you for approval since obviously you know far more than I do.

You said it was flimsy^^^^
To answer your question if grandma held a cup that felt hot it was the outside while or was in her lap, yes, I would call her stupid.
Thankfully common sense and the ability to use logic runs in my family. Along with taking responsibility for our own actions.
 
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vaperature

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I'll run any further example past you for approval
I'm just educating you on the truth of what that case was about. It wasn't a frivolous lawsuit. The poor women was horribly injured and McDonald's refused to settle out of court and insisted on a jury trial, in which they admitted the only reason they kept coffee that hot was because the pot of coffee would stay fresh longer thus saving them some money not having to make a new pot of coffee. The woman was rewarded 2 days worth of McDonald's coffee sales. It came to 1.7 million dollars. A drop in the bucket to McDonalds, literally a mere two days of coffee sales.
 

vaperature

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Now back to the idiot who was playing kickball with two batteries in his pocket.
 

UncleRJ

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Perhaps it was the ghost of Darwin trying to help?

If the family jewels were burned bad enough, he would not be able to reproduce.
 

vaperature

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I'll run any further example past you for approval since obviously you know far more than I do.


To answer your question if grandma held a cup that felt hot on the outside while or was in her lap, yes I would call her stupid.
It doesn't feel hot on the outside. It's styrofoam, it doesn't absorb heat efficiently. Stop defending McDonald's already. They were 100% wrong in that case.
 

f1r3b1rd

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So its flimsy from the heat but not hot? must be a magic cup


Gonna learn my lesson from eff and figure some people aren't worth arguing with
 

freemind

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So she placed the hot beverage in an obviously flimsy cup between her legs? really?
McDonald's may be an evil corporation but anyone who puts something that hot close to heir pink parts is less than bright.

Ok...in my opinion that illustrates stupidity. When I get coffee every morning on m way to work, I use these really cool things called cup holders so that I don't burn my legs.


Thank you though, you're Making my point for me
Everyone wants to blame someone, anyone other than Themselves when bad things happen, rather than admit their own laziness and lack of logic processing


Apparently, some condemn McD's because they make the coffee HOTTER so when you get your ass to work, it's not fuggin COLD. Since many people stop there BEFORE they go to work to get coffee, McD's must be EVIL and was just waiting to burn the stupid asses that carry coffee between their legs instead of using a damn cup holder.
 

f1r3b1rd

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Apparently, some condemn McD's because they make the coffee HOTTER so when you get your ass to work, it's not fuggin COLD. Since many people stop there BEFORE they go to work to get coffee, McD's must be EVIL and was just waiting to burn the stupid asses that carry coffee between their legs instead of using a damn cup holder.

THANK YOU common sense is not dead after all
 

vaperature

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So its flimsy from the heat but not hot? must be a magic cup


Gonna learn my lesson from eff and figure some people aren't worth arguing with
You're just reaching for anything rather than admit you had an incorrect preconceived notion about that case. Thankfully a jury saw it for what it was. A clear cut case where McDonald's was liable for serving dangerously hot coffee in a flimsy cup. Now, back to the idiot who was playing kickball with some batteries in his pocket.
 

efektt

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Lol... that picture is fucking nasty. Nobody in this country wants to take responsibility. Everyone wants a free ride. This is why this country is going to shit, and the hard working middle class is paying the price.
 

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