Attorney at Graves McLain Injury Lawyers

Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs

A commercial flight in Canada made an emergency landing after a vape battery caught fire in the cargo hold. This incident wasn’t just a close call—it was a reminder of the growing safety risks linked to lithium-ion batteries in vape pens and e-cigarettes. If you’ve suffered an injury from one of these devices, it’s essential to understand how product liability laws may apply.

Let’s take a closer look at what happened on that plane, why vape battery explosions are becoming more common, and how victims can pursue legal action.

The Airplane Fire Incident: A Warning from Above

In a report by the Transportation Safety Board of Canada, a Boeing 737 had to return to Calgary shortly after takeoff. A warning light alerted the crew to a fire in the cargo area. After activating the fire suppression system and landing safely, investigators discovered the source: a lithium-ion battery used in an e-cigarette.

The battery was inside a backpack checked in with other luggage. The passenger said they forgot it was there. This violated the Transportation of Dangerous Goods Regulations, which advise that batteries and e-cigarettes should only be carried in the cabin, not the cargo hold.

Lithium-ion batteries carried in checked baggage can pose a fire risk. Passengers should always carry these devices in the cabin and turn them off during flight. — Federal Aviation Administration (FAA)

Why Vape Pens and Lithium-Ion Batteries Are a Safety Concern

Vape pens and e-cigarettes are powered by lithium-ion batteries, which are compact but volatile. Under certain conditions, these batteries can overheat or explode. Factors like overcharging, exposure to heat, or manufacturing defects may lead to a chemical chain reaction called thermal runaway—and that’s often when things catch fire or explode.

Since 2017, the FAA has reported more than 400 incidents involving battery-related fires on commercial flights. Many involved personal electronic devices. E-cigarettes are now on the agency’s list of items that must be carried in the cabin.

From January 2017 to December 2023, the FAA documented over 400 incidents involving lithium battery fires on commercial aircraft. — FAA Battery Incident Report

Real Cases of Vape Pen Injuries and Fires

These incidents aren’t just happening in the air. On the ground, exploding vape pens have caused serious and even fatal injuries.

A Florida man died after a vape pen exploded, sending shrapnel into his skull and causing severe burns. — Local Officials, 2018

Here are some other reported cases:

Examples of Reported Vape Battery Explosion Injuries

Year

LocationInjury Description

Legal Outcome (if known)

2018FloridaHead trauma and fatal burnsLawsuit filed, ruled accidental
2017NevadaFacial injuries and lost teethSettlement confidential
2016CaliforniaThird-degree burns from pocket explosionProduct liability claim settled
2023In-flight (Canada)Battery fire in checked baggageNo known lawsuit; regulatory review

Legal Options for Vape Pen Explosion Victims

If an exploding vape pen or e-cigarette has injured you, you might be eligible to sue for product liability. These cases focus on whether the product was unsafe due to a defect or poor design.

There are three main types of product liability claims:

Design Defect

The product was made according to plan, but the design itself is unsafe. For example, if the battery is prone to overheating even with regular use.

Manufacturing Defect

A mistake happened during production, such as a faulty connection or cheap material that made the device unstable.

Failure to Warn

The product came without proper instructions or warnings about risks, such as using the wrong charger or not knowing how to transport it safely.

You don’t need to prove the product was recalled or that the company acted intentionally. Oklahoma law allows claims if the product was unreasonably dangerous and caused harm.

What to Do After a Vape Battery Injury

If you or someone you know was injured by a vape pen, taking the proper steps early can protect your legal options.

Step-by-Step Guidance

  • Get medical treatment immediately. Even minor burns can worsen if untreated. Keep a record of all visits and prescriptions.
  • Preserve the product and packaging. Do not throw away the device, battery, charger, or box. These items can serve as evidence.
  • Take photos. Document the injuries, any property damage, and the scene of the incident.
  • Write down everything. Include the brand and model of the vape pen, where it was purchased, and how it was being used.
  • Do not talk to the manufacturer or insurer without legal advice. They may try to limit their responsibility or offer a low settlement.

How Graves McLain Injury Lawyers Can Help

Vape pen injury cases can be complex. Manufacturers often deny responsibility, and the science behind battery failures isn’t always clear-cut. That’s why it’s essential to have legal guidance from a firm experienced in product liability.

Graves McLain Injury Lawyers investigates these cases thoroughly. Their team works with engineers, safety experts, and medical professionals to build strong claims. They also

understand the long-term costs of recovery—both physical and financial—and fight to recover fair compensation

FAQ

Can I sue if my vape pen exploded and injured me?

Yes. You may have a product liability claim if a defect in the design, manufacturing, or lack of proper warnings caused the explosion.

Do I need to prove the manufacturer was negligent?

Not always. Product liability laws allow claims under strict liability, meaning the product was unreasonably dangerous regardless of intent.

What if the vape pen wasn’t recalled?

You can still file a claim. A recall is not required to prove the product was defective or dangerous.

What kind of compensation can I recover?

Compensation may include medical expenses, lost income, pain and suffering, and costs related to long-term care or disability.

Is there a time limit for filing a vape battery injury claim in Oklahoma?

Yes. Oklahoma has a two-year statute of limitations for product liability claims, so it’s best to act as soon as possible.

What should I do with the exploded vape pen or battery?

Please preserve it. Don’t throw it away. Keep the device, packaging, and any other materials as evidence for your case.

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Conclusion

Exploding vape pens and defective batteries are more than just a health risk—they can cause lasting damage and even death. Whether it happens on a plane or in your pocket, you have the right to hold manufacturers accountable.

If a faulty vape pen or battery has hurt you, don’t face the aftermath alone. Graves McLain Injury Lawyers in Tulsa can help you understand your options and guide you through the legal process. They take cases on a contingency basis, so you won’t pay unless they recover compensation for you.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

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