EDWARDSVILLE - A battery in an e-cigarette product exploded, causing burns to the buttocks, thigh and leg of a man, according to a lawsuit filed against a retailer and manufacturer.
Joseph Tucker, in a suit filed April 27 in Madison County Circuit Court, is claiming an Alton retailer and the manufacturer were negligent over the sale and distribution of the product.
The plaintiff claims that the lithium-ion battery in the Smok G320 device exploded after he purchased the product from the Cloud 9 Vapor Lounge on East Center Driver on May 2, 2018. The product was manufactured and distributed by the Shenzhen IVPS Technology, the suit states.
Both defendants are also accused of strict product liability following the alleged explosion.
It is alleged that Cloud 9 was negligent because it knew or should have known the batteries were designed and manufactured with a "propensity" to suddenly explode or burst into flames.
The defendant is further accused of failing to warn of the danger and failing to discover the defective condition.
Tucker claims he sustained "severe and disfiguring" burns to his right buttock, thigh and leg.
Since the alleged incident, the plaintiff is unable to wear certain clothes, has spent large sums of money on treatment for the injuries, and has suffered pain and anguish.
Tucker also claims strict product liability on the basis that the shop sold an "unreasonably dangerous" product.
Shenzhen IVPS, which is headquartered in China, is accused of failing to include sufficient and adequate instructions and warnings, as well as designing an unstable and defective product. It also failed to discover the defective condition, according to the suit.
The plaintiff, who is seeking an amount within the jurisdictional limits of the court, is represented by Bryan S. Flangel of Levin, Riback, Adelman & Flangel of Chicago.
Madison County Circuit Court case number 2020-L-0599.