A Nasty Drag in Niceville: Electronic Cigarette Reportedly Explodes In Mouth Of Florida Man

There is an interesting product liability case in the making in Niceville, Florida where Tom Holloway, 57, reportedly had his teeth blown out when his electronic cigarette exploded. He also lost part of his tongue and suffered burns on this face. It is not known which brand was allegedly informed in the explosion.

If these accounts are true, a products liability action would seem likely, though it is not clear whether this is a manufacturing defect or a design defect. Certainly this would be more dangerous than the expectation of the ordinary consumer under the Restatement Second test (402A). Most people do not expect to have their teeth blown out with a smoke. However, with an estimated 2.5 million people now use electronic cigarettes, one would have expected to hear about any common side effect involving human combustion. That would suggest a manufacturing defect.

Whatever the claim, the comments of officials are not helping this company. Joseph Parker, division chief for the North Bay Fire Department, volunteered “[t]he best analogy is like it was trying to hold a bottle rocket in your mouth when it went off. The battery flew out of the tube and set the closet on fire.”

E-cigarettes heat liquid nicotine rather than using tobacco and are billed as healthier alternatives for smokers. That is, healthier up to the point that your teeth are allegedly blown out.

Source: USA Today