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Houston Vape Explosions: Key Facts Suing a Foreign Battery Maker in Texas Building a Houston Vape Case Contact Our Houston Office Frequently Asked QuestionsTHE LAW GIANT product liability lawyers:
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The battery inside a vape is often made by a large company overseas, then sold through distributors and local shops. A key question is whether a Texas court can hear a claim against that foreign maker. A case that began in Houston helped answer it.
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Houston Vape Explosions: Key Facts
- A Houston burn surgeon warned in 2026 that vape batteries can essentially turn into a blowtorch. The Shriners Children’s Texas surgeon told KPRC that some cheaply made devices explode in pockets.
- A 2018 Harris County lawsuit named both the battery maker and two Houston vape shops. ABC13 reported the suit over second- and third-degree burns.
- The Texas Supreme Court allowed a Texas suit against a South Korean battery maker in 2023. In LG Chem America v. Morgan, a battery bought at a Texas vape store exploded in the buyer’s pocket.
- Federal courts have reached a different result on a different record. In 2025, the Fifth Circuit upheld dismissal of a battery explosion suit against another foreign maker for lack of jurisdiction.
Suing a Foreign Battery Maker in Texas
Before a company can be sued in Texas, a court must have personal jurisdiction over it. In Morgan, the Texas Supreme Court held that Texas courts could hear the claim against LG Chem and its U.S. distributor.
- Selling into Texas: The company’s business with Texas customers mattered.
- Market segments: The court said jurisdiction is not lacking just because the injured person was outside the market the company targeted.
- Not a defect ruling: The decision allowed the case to go forward. Whether the battery was defective, and how it was used, are questions for later.
State or Federal Court
In Ethridge v. Samsung SDI, the federal appeals court for Texas affirmed dismissal of a similar claim against Samsung, based on that company’s record of screening out vape buyers. Where a case is filed can affect whether a foreign maker stays in it.
Building a Houston Vape Case
- Keep the battery: Markings on the cell can identify the maker, even after a fire.
- Keep the receipt and packaging: They show which shop sold the battery and how it was described.
- Document the burns: Photos and burn center records show the extent of the injury.
- Name every seller: The local shop, the distributor and the online platform can all be part of the chain.
When a foreign maker cannot be brought into a Texas court, § 82.003(a)(7) lets the claim proceed against the seller instead.
Contact Our Houston Office
Our Houston office is at 2450 Fondren Rd. See our Houston product liability, burn injury and auto defect pages. For statewide rules, see our Texas vape pen explosion page.
Call 956-982-1800. You pay nothing unless we win.
Common Questions
Houston Vape Pen Explosion FAQs
The battery was made in South Korea. Can I sue the maker in Texas?
Possibly. The Texas Supreme Court allowed a similar claim against a South Korean battery maker in 2023. Each company’s Texas contacts matter.
Should I also sue the vape shop?
Often, yes. Naming the seller protects you if the maker is dismissed or cannot be served, and Texas law lets claims proceed against sellers in that case.
My battery exploded in my pocket. Is that my fault?
Not necessarily. Pocket explosions are common. How the battery was carried may be argued, but defective cells and missing safety features can still make the maker liable.
Where can I get treatment for vape burns in Houston?
Houston has specialized burn centers. Follow your doctor’s advice and keep every treatment record for your claim.
How long do I have after a Houston vape explosion?
Generally two years from the injury. Identifying the battery maker can take time, so start early.
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Our personal injury lawyers handle a wide range of accidents and serious injuries across Texas.
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