HOUSTON — A man who suffered acid burns and other injuries when his e-cigarette product's battery exploded in his face is alleging negligence and other claims.
Michael Herrera filed a complaint July 19 in Harris County District Court against PDK Smoke N' Vape LLC doing business as Rock N' Roll It Smoke, Vape, & CBD, Toro Imports and The SY LLC doing business as elementvape.com alleging negligence and products liability.
According to his complaint, Michael Herrera was employed at Cycle Worx and his manager, Patrick Chachere, purchased a SMOK X-PRIV 225w TC Starter Kit Mod e-cigarette devise for him in July of 2019, as an attempt to help him quit smoking tobacco. Chachere then purchased a Sony VTC 18650 lithium-ion battery at the PDK Smoke store in Katy and gave the devices to Herrera.
Herrera alleges that on March 2, 2020, he attempted to use the e-cigarette devise when the battery exploded in his face. He claims the hot alkaline battery acid seared his left eye and caused second degree burns on his hand. Herrera further alleges the defendants sold and distributed the battery for the "dangerously misapplied purpose of powering e-cigarettes and vape pens" and failed to provide adequate warnings and instructions.
Herrea seeks monetary relief, interest, trial by jury and all other just relief. They are represented by William Odgen of Farrar & Ball LLP in Houston.
Harris County District Court case number 2021-43388