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Wilmington man sues after e-cigarette battery explodes in his pants

5150sick

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https://www.delawareonline.com/stor...garette-battery-explodes-his-pants/589361001/


"Charles Hobbs' leg was severely burned when the spare battery he purchased early last year exploded as he carried it in a pocket of his pants. Now Hobbs claims Delaware Vapor, located at 2710 Philadelphia Pike, failed to provide adequate warning of the battery's dangers.

He also argues the store should not have sold an unsafe product.

"The idea is when you sell me a product, even if you don't expressly warrant anything, just by you selling it to me, there is this implied warranty that it's good for its intended purpose," said John Culhane, H. Albert Young Fellow in Constitutional Law at Widener University Delaware Law School. "That basically means that the thing shouldn't be exploding."


"just by you selling it to me, there is this implied warranty that it's good for its intended purpose"

But it's intended purpose isn't to be in your fucking pocket loose and live rolling around with probably keys and/or change.

It's intended purpose is to be INSIDE the device it is powering.

If this guy decided to walk down the street with a car battery strapped to his back and it leaked acid all down the back of him burning him severely would he be suing because the car battery shouldn't have leaked while performing it's intended purpose?

No, it would be a frivolous, stupid lawsuit just like this one is. - 5150
 

VaporCat

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there is this implied warranty that it's good for its intended purpose

And how many cell manufacturers claim the intended purpose for their cells is for vapor products... not many. Sony added a disclaimer for this a couple years ago, I'm sure others followed their lead and have their asses covered in legal fine print somewhere. The vape shop was just a retailer, they didnt make the battery. Dude wont get a thing because he was just being stupid. Its that whole SDS thing again (Stupidity Denial Syndrome)... he knows he was stupid but he wont admit that he was stupid so... sue!
 
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bobnat

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Humans are the only species whose young are not eaten for being stupid. What a nasty joke nature has played.
 

pulsevape

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Whaaaaat...when you sold me this car, you didn't tell me I couldn't drive it into lamposts.....WTF....In a more civilized age the village elders would have examined this man at birth prayed to the Gods and then thrown his sorry ass over a cliff and told his mother to stop breeding.
 

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