Legal Question in Product Liability in Washington
My boyfriend purchased an electronic cigarette type device called ATMOS. After reading the instructions (which stated to charge the device for at least 2 hours/6 hours the first time in any USB), he plugged the chargeable part of the device in to a USB port in his car & we proceeded to drive home. Nearly an hour and forty five minutes in to the drive, the device exploded. I could smell something like chemicals a person should not be smelling & was about to cut him off mid-sentence when it did. There was fire & so much smoke in the car that visibility was not possible, while driving 70 down the freeway (He went back later & saw tread marks in the road about where it occurred). He was forced to grab the burning device, while driving, & suffered minor injuries.
We contacted the company & after a terrible experience with customer service finally got in touch with someone who would send USPS to pick up the product. The company told us that they would try to re-create the explosion & see to it that it could not occur with any of the other products. If it could not occur in the rest of their products, & was simply a mal-function of ours, we would take replacement products. However, if it could not be determined that this would not happen with other devices, we want our money back as well as money for a list of damages included in the box the product was sent back in. We can no longer get in touch with the company as they will not respond to any of our e-mails or phone calls. I have photographs, He has receipts & tracking info.
Is there any logical/lawful reason that they would not be responding to us now, even though we know they have received the product? What do we do?
1 Answer from Attorneys
My firm handles these types of cases involving exploding e-cigarettes. Feel free to contact my firm using the contact us form at: http://www.filutowskilaw.com/filutowski-law-firm-seattle-call-206-427-4456/