Florida Man Killed When His Vape Pen Exploded

A St. Petersburg man was tragically killed on Saturday, May 5, 2018 when a potentially faulty vape pen exploded, causing a fire. Responding firefighters found 38-year-old Tallmadge Wakeman D’Elia dead in his home on the 300 block of 19^thAvenue North.

D’Elia had many facial injuries from the explosion, but it is not yet clear if he was killed by the explosion or by the fire allegedly caused by the explosion. Heavy smoke was present in the house when firefighters arrived. He may have been knocked unconscious and been overcome by smoke.

Vape Pen Explosions Can Be Devastating

The use of vape pens, or e-cigarettes, has risen as they are marketed as a substitute for cigarettes. People inhale oils that the pens vaporize.

A vape pen is typically powered by lithium-ion batteries that can overheat, and on rare occasions, can cause an explosion or a fire. According to CBS News, in 2015 a Vape pen exploded, breaking the user’s neck, shattering his teeth, fracturing his face, and burning his mouth. In 2016, a vape explosion caused its user to lose half a dozen teeth.

According to FEMA, between January 2009 and December 31, 2016, there were 195 separate incidents of explosion and fire involving a vape pen or electronic cigarette in the U.S. as reported by media. These explosions caused 133 acute injures; 38 of those injuries were severe. FEMA states that “the shape and construction of these products can make them behave like ‘flaming rockets’ when a battery fails.”

The investigation has just started, and we don’t know whether or not the vape pen was faulty, or if other factors played into this tragic death.

Wrongful Death Lawsuit

When a person is killed by a faulty product, the family of the victim has the right to sue for compensation for Wrongful Death. The laws vary according to the state where the accident happened, but most states allow the spouse of the victim to file a lawsuit, as well as a parent or child of the victim. Grandparents, aunts and uncles, and nieces and nephews may also be able to sue.

No amount of money will bring back the loss of a loved one, but the bereaved family should not have to deal with a devastating economic loss as well as the devastating personal loss. We extend our profound sympathies to Mr. D’Elia’s family.

The family could be compensated for any medical expenses incurred before the loved one died, as well as funeral costs. They could also sue for the income the family lost when the person died, as well as loss of inheritance. In some states, the family can sue for compensation for the pain and suffering they experience.

Aside from covering the costs the family incurs because of the accident, money is a way to compensate a family for the loss of a loved one. Some clients do feel a sense of justice, knowing that those responsible for their loved one’s death are held accountable.

At Pritzker Hageman, our attorneys have years of experience in serving clients who have been injured, or in serving the families of people who have been killed by faulty products, including e-cigarettes. We have won settlements in the millions of dollars.

Every case is different. To talk to one of our attorneys about your case, call us at 1-888-377-8900. You will not be obligated in any way, and the call is free. We can tell you how strong your case is, and give advice on how to proceed if you decide to pursue it.

Sources

Spectrum News Staff. “Vape Pen Explosion May Have Caused Death of St. Pete Man.” Spectrum Bay News 9, Charter Communications, May 5, 2018.

Griffin, Justine. “Police investigating if St. Pete man died after vaping pen exploded in his face.” Tampa Bay Times, May 6, 2018.

Lawrence A. McKenna Jr. Research Group. “Electronic Cigarette Fires and Explosions in the United States 2009 – 2016” National Fire Data Center. U.S. Fire Administration, July 2017.