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Las Vegas man files lawsuit over exploding e-cigarette battery

A year ago, a 32-year-old Las Vegas man walked into a southeast valley vape store, bought a Samsung battery for his e-cigarette and went shopping with a friend.

Later the same day, the battery exploded in Kendall Tanouye’s pocket, sending him to the hospital with second-degree burns on his leg.

Now, Tanouye and his attorney, Larry C. Hill, are accusing Samsung and Liquid Vape House of product liability, negligence and breach of warranty, according to a civil lawsuit filed Monday in Clark County District Court.

Tanouye bought the Samsung INR 18650-25R battery July 30, 2015, “as a single unit, absent any packaging and void of any warnings that might indicate possible dangers associated with handling or use,” the complaint reads.

He and a friend had just finished shopping at Wal-Mart and walked to their friend’s car in the parking lot. Tanouye sat down in the backseat and the e-cigarette battery exploded in his pocket, Hill said Monday.

“Plaintiff struggled to exit the vehicle as the sparks and flames from the exploding battery continued to burn through three layers of clothing, searing Plaintiff’s skin,” the complaint reads.

Once outside the vehicle and still on fire, Tanouye tried unsuccessfully to put the flames out with his hands. He took off his shorts in the middle of the parking lot and, “naked, humiliated, and in excruciating pain from his severe burns,” was taken to Desert Springs Hospital by his friend.

Arriving at the emergency room, Tanouye was treated for second-degree burns that covered 3 percent of his body, mostly around his thigh and butt, Hill said.

The complaint alleges Tanouye was unable to sit for extended periods of time and was limited in his mobility by the pain from his wounds.

Hill also said Tanouye is not able to pursue his dream of being a male model because he bears a “large and unsightly scar.” He and his client plan to ask for general and punitive damages.

A manager at the Liquid Vape House, who hadn’t heard of the lawsuit Monday evening, said all batteries are sold with labels and there is a sign hanging in the store warning customers about the misuse of batteries.

“I let people know exactly what’s going on and how to use it,” Tim Johnson said of the batteries his store sells. “We do let them know before they leave the shop, before they even ask about vaping.”

He said he and his co-workers recommend buying a case to every customer that buys a battery.

“We do warn them that if they put the battery with keys or quarters in their pockets, they will ignite,” Johnson said. He added that Liquid Vape House hasn’t sold Samsung batteries in at least a year.

Samsung did not respond to a request for comment.

Contact Kimber Laux at klaux@reviewjournal.com or 702-383-0283. Find @lauxkimber on Twitter.

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