Case studies: Li ion battery failures · • 2 individuals, Vaper A and Vaper B, purchased e...
Transcript of Case studies: Li ion battery failures · • 2 individuals, Vaper A and Vaper B, purchased e...
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Case studies: Li ion battery failures
E cigarette batteries
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• 2 individuals, Vaper A and Vaper B, purchased e cigarette devices
and components from the same store, in early 2016.
• Both purchased e cigarette devices, chargers and batteries. They
were advised that the components were compatible with one
another.
• Vaper A and Vaper B selected a popular brand of batteries, 18650
size. Both were advised to buy two batteries, as a single battery was
unlikely to last a whole day.
Background
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• Vaper A and Vaper B both say:-
• The batteries were provided with no
packaging;
• No particular verbal warnings or
instructions were provided at the time of
purchase;
• They were specifically advised to carry the
spare battery with them, but no advice was
given as to the method of carriage.
Background
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• No problems for Vaper A or Vaper A
initially.
• The products worked.
• Both Vaper A and Vaper B carried the
spare batteries to work in their pockets.
• Swapped the batteries over when charge
ran out.
• Charged both up at night.
Background
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Failure
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• 8-9% surface burns to legs and hands
• 0.5% full thickness, 1% deep dermal
• Skin debrided with tweezers, blistering
‘deroofed’
• Wound ‘scrubbed vigorously’ under gas
and air.
• Left with significant hypertrophic scarring.
Injuries
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• Both Vaper A and Vaper B submitted
letters before action to the seller.
• Alleging breach of the Consumer Rights
Act 2015 through the provision of unsafe
products.
Legal action
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• ‘loose change was present in his pocket
and it was this contact with the loose
battery that resulted in the damage and
subsequent injuries’
The response
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The response
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• ‘We have sufficient evidence that the
cause was your client’s negligence in
carrying this battery against worldwide
advices’
The response
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Worldwide advices
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• Consumer Rights Act 2015
• S.9(1)Every contract to supply goods is to be
treated as including a term that the quality of the
goods is satisfactory.
• (2)The quality of goods is satisfactory if they
meet the standard that a reasonable person
would consider satisfactory, taking account of…
• (d)safety;
• (e)durability.
Is the seller liable?
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• The level of safety required is that which ‘a
reasonable person’ would expect.
• Were the risks obvious?
• Were reasonable steps taken to mitigate
the risks?
• What warnings were provided?
Is the seller liable
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• Confusion between AA batteries and Li ion
batteries
• Warnings?
Issues
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• Serious injury to the consumer
• Loss of earnings
• Expensive legal claim against the seller or
manufacturer
• Reputational damage – website
comments, social media, national press.
Outcomes