Young, Conaway, Stargatt and Taylor attorney Timothy E. Lengkeek has filed suit against a local vape shop on behalf of a 43-year-old man and his spouse.
The man was seriously burned when a lithium-ion battery he purchased for use in his e-cigarette exploded.
According to the suit filed by Charles Hobbs and Dawn Hobbs, a vapor system with battery exploded in his pants pocket and bust into flames.
According to the suit, Hobbs suffered extensive burns to his legs.
The lawsuit claims that the product was defective and that the vape shop (Delaware Vapor in Claymont) was negligent in failing to warn of a safety risk.
It is claimed in the lawsuit that responsible vape shops give customers purchasing lithium-ion batteries safety literature containing explicit warnings against carrying these batteries in pockets unless they are stored in a protective case.
Hobbs claimed he received no such warnings when the battery was sold to him in plain, unmarked cardboard packaging.
“Had he been properly warned,” says Lengkeek, “this harmful incident would have been prevented.”
Young, Conaway is based in Wilmington.
Delaware Vapor, which has stores in Claymont and Glasgow, did not immediately respond to a request for comment.