A Las Vegas-based e-cigarette manufacturer is under fire in a new lawsuit in which a California man was badly burned by an exploding vape.
Gregory Townsend is suing Magma Holding, the company behind EightVape, following a March 2024 incident where a vape battery exploded in Townsend’s pocket less than a month after he bought it online.
Townsend’s attorneys, Christian Morris, Lindsay Roginsky, and Adam Kress, wrote in the lawsuit that the explosion ignited Townsend’s clothing. As a result, he suffered extensive second and third-degree burns on his right thigh and hand, according to the complaint.
The lawsuit also alleged that the EightVape device had a battery that was too powerful for the casing in which it was embedded. EightVape did not respond to requests for comment.
“If the battery voltage is too high and the resistance is too low, the heating coil can overheat and damage the battery,” the lawsuit said. “The internal battery temperature can cause a fire or explosion, which is often the result of ‘poor design, use of low quality materials, manufacturing flaws, and defects.’”
According to the lawsuit, Magma Holding and EightVape were aware of the defects. The complaint said that the defective devices will injure others unless “those responsible are held accountable.”
Townsend is suing for, among other things, defective design, negligence, and breach of warranty. His attorneys — who said Townsend had experienced, in addition to physical injuries and scarring, loss of enjoyment of life and lost wages — sought more than $75,000 in damages.
“The Defendants are also strictly liable as the Subject Battery was defective and unreasonably dangerous due to information defects, inadequate warnings and/or instructions,” the lawsuit said.
Contact Akiya Dillon at adillon@reviewjournal.com.
