Birmingham Exploding Lithium-Ion Batteries Lawyer

When Should You Join the Exploding Lithium-Ion Batteries Lawsuit?

In May 2018, what is believed to be the first fatality from an exploding vape pen was reported. A 38-year-old man from Florida died from what an autopsy revealed as a “projectile wound of head.” The tragic loss of life that resulted from the vape pen may be connected to the pen’s lithium-ion battery. These types of batteries are also found in devices such as cell phones and laptops.

Product manufacturers have a responsibility to keep consumers safe. If you or a loved one has suffered a severe injury from an exploding lithium-ion battery, or if you suspect the death of a loved one was caused by a product with this type of battery, please get in touch with the defective product liability team at Pittman, Dutton, Hellums, Bradley & Mann. We offer free, no-obligation consultations and may be able to help you or a loved one obtain the compensation that is deserved.

What Damages Were Caused by Exploding Lithium Batteries?

On May 5, 2018, Tallmadge D’Elia, a Florida resident, was found in a burning bedroom that had caught on fire due to a vape pen explosion

The Food and Drug Administration has, so far, not created any regulations applying to the safety of e-cigarette batteries or electronic mechanics

Consumer products that may contain lithium-ion batteries that may explode, cause severe injury or death, or ignite a fire include e-cigarettes, vape pens, laptops, cameras, fitness trackers and cell phonesLoose lithium-ion batteries that come into contact with metal objects like coins or keys pose a threat

Consumers are warned not to mix and match various devices with various batteries

Consumers are warned never to leave devices with lithium-ion batteries charging while unattended, and to never charge these devices with a phone charger, unless that is the appropriate charger for the device

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What Causes Exploding Lithium-Ion Batteries?

According to Wired, lithium-ion batteries are inherently dangerous. A thin and porous polypropylene strip keeps electrodes from touching, but if the strip is breached and the electrodes come into contact, the heat can contribute to an explosion. These types of batteries also contain a skin-burning compound that can singe upon explosion.

From 2009 to 2016, the U.S. Fire Administration reports there were at least 195 electronic cigarette explosions and fires, resulting in at least 133 injuries, including 38 severe injuries. In the case of the fatality, the victim was using a vape pen that is thought to have been created by the manufacturer Smok-E Mountain Mech Works. The manufacturer produces a vape pen called a mechanical mod, which gives users direct access to the battery and does not use inner circuitry to regulate voltage. Because lithium-ion batteries in vape pens are so close to a person’s body when in use, these devices can pose significant dangers.

Lithium-ion batteries were in the Samsung Galaxy Note 7, a smartphone that was notorious for multiple cases of exploding batteries and that was eventually banned on planes and recalled. The company explained in the case of the first battery that was used in the phone, a design flaw resulted in short-circuiting, while the second battery that was used caught fire because of a welding defect. While lithium-ion batteries are extremely powerful and widely used, minor mistakes in design can be deadly.

Batteries that are “non-certified” are more likely to fail, reports Battery University. The battery resource site also points out the following can contribute to lithium-ion battery failure:

  • Excessive vibration
  • Elevated heat
  • Charging lithium-ion batteries below freezing


Consumers should read all product directions thoroughly before using any device with a lithium-ion battery in it. Signs of overheating include:

  • The device is hot to touch
  • The device is hissing
  • The device is bulging


If you notice any of these warning signs, move the device away from any flammable materials, and place it on a non-combustible surface, preferably outdoors. If a device with a lithium-ion battery explodes and catches fire, use a fire extinguisher to put the fire out, or water or soda if no extinguisher is available.

What Constitutes Product Manufacturer Negligence?

While millions of people safely use products with lithium-ion batteries in them every day, there are some instances where a product manufacturer’s negligence plays a part in the severe injuries caused by a lithium-ion battery explosion. Some warning signs include:

The battery is non-certified, and the manufacturer provides zero warning

No battery warning is included in product directions or information

The manufacturer knowingly used faulty batteries in the product

If the company you buy a product from does not warn about the inclusion of a lithium-ion battery in the device, and the dangers that may occur because of using it, the company has failed you as a consumer. As well, the battery manufacturer may have cut corners in design and manufacturing to save money, providing other businesses with dangerous batteries to use in their devices.If you are injured by an exploding lithium-ion battery, make sure to keep all physical evidence of the device, as well as document all injuries because of it. Then, contact a Birmingham defective product attorney to see how you can stay protected.

How Can a Defective Product Lawyer Help You?

The Pittman, Dutton, Hellums, Bradley & Mann team always works in the best interest of clients. Consumers deserve protection and should be kept safe when they use products. Unfortunately, in the quest to push a product to market or sell more products, companies do not always have consumer interest in mind.

If you or a loved one has been harmed by an exploding lithium-ion battery, please contact us online, or call (205) 322-8880 to speak with one of our team members.

What Do Our Clients Say?

Beth Huffstutler

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The assistance we received from Mike Bradley has been a great experience. Mike communicated directly with us, answering our questions and concerns. He was always upfront and honest about our case. I would trust him completely with any legal matter. Mike's years of experience and extensive knowledge is evident in every interaction. Great attorney and firm!

Lee Huffstutler

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Outstanding firm!  Extremely pleased with the service, consistency & hard work of the firm as a whole and Michael Bradley as my representative.

Without a doubt, I would recommend anyone who is in need of a personal injury attorney to give Pittman, Dutton, Hellums, Bradley & Mann a call - good people that strive to look after your interests. Thanks for all you have done!

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I have nothing but great things to say about this firm. Initially I mostly spoke to Rebecca & she made me feel very comfortable in a stressful situation. Later many of my calls were with Jon Mann & he also spoke to me with respect & thoughtfulness. Kind of strange but a close bond between lawyers & a client but not only did we discuss the matter at hand but we would discuss our personal lives & the good & bad going on in my life & their concern for my health was comforting. I would definitely recommend this firm! Keep up the great work guys.

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My case was one that was a part of a nationwide claim. I researched and prayed for the appropriate attorney and I found that in Mike Bradley. While my case lasted, Mike and his assistant Karen stayed current and knowledgeable on the status and updates. I never once called or emailed that one of them didn't respond to me immediately. Mike would call to answer an email because he felt it would be more personal and efficient than typing. I highly recommend this firm.

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I would like to express my gratitude to Mr. Jon Mann of Pittman, Dutton, Hellums, Bradley & Mann. I am so grateful for your knowledge, passion, dedication, and professionalism you have exhibited through this entire ordeal. Mr. Jon Mann took in all the relevant information, analyzed it and created a plan to settle my case. Again, I value the help you've given me. Thank you!!

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I was very pleased with the work that Pittman, Dutton, Hellums, Bradley & Mann did for us. I had been injured in a car accident and was in quite a bit of pain for sometime. They always treated me like a person and not a case—never failed to return a call and kept us apprised of what was going on. I had a time when I had to be totally focused on recovery, they were able to take care of the situation and I didn’t have to worry about it. I owe this firm a lot of thanks.

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