Ron Austin Law • Harvey, LA

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Category: Class Action Lawsuit

Injured by battery explosion?

When we get a new smartphone or laptop, the last thing we are thinking about is the potential injury caused by an exploding battery. However, many people who have purchased electronics using lithium-ion batteries have faced that very reality.

Many of you may remember Samsung’s Galaxy Note 7 smartphones exploding due to lithium-ion battery defect but much of our technology today uses the batteries because they store energy more efficiently than the basic AA batteries and they lose their charge much slower.

Although there have been countless reports of lithium-ion battery explosions, the ever-evolving technological market and the movement towards renewables have made the lithium-ion battery a game changer in the global energy mix.

Lithium-ion batteries paved the way for mobile and smartphone innovations and will quite possibly be even more in demand since most electronic products like laptops, tablets, smartwatches, electronic cigarettes, and electric vehicles are using the popular battery.

How do they work?

Lithium-ion batteries release stored energy through controlled chemical reactions. When you use the battery, the lithium moves from the cathode (contains positively charged ions) to the anode (contains negatively charged ions) — and when you charge the battery, the lithium moves back to the cathode, and the process is repeated. The separator between the anode and the cathode prevents the positively and negatively charged ions from touching because it can trigger fires and explosions.

What causes lithium-ion batteries to explode?

One of the most common reasons the batteries can explode is because of problems when charging the device. The device’s software tells the device how much battery should be charged and how fast. If something is wrong with the device programming or the protocols are set incorrectly, the chemicals inside the battery can become destabilized and may lead to fire or explosions. Another cause can be overheating, poor manufacturing, or rough user treatment.

When lithium batteries explode, it is often due to manufacturing defects. In the Galaxy Note 7 explosions, manufacturing was seemingly the problem — the company stating at least 35 cases were combusted due to a rare manufacturing process error in which the anode and cathode touched.

What you should do according to Battery U:

If a Li-ion battery overheats, hisses, or bulges, immediately move the device away from flammable materials and place it on a non-combustible surface. If at all possible, remove the battery and put it outdoors to burn out. You may also put the device outside and keep it there for a least 6 hours.

A small Li-ion fire can be handled like any other combustible fire. For best results use a foam extinguisher, CO2, ABC dry chemical, powdered graphite, copper powder, or soda (sodium carbonate). Halon is also used as a fire suppressant.

FAA instructs flight attendants to use water or soda pop to extinguish a fire in the cabin. Water-based products are most readily available and are appropriate since Li-ion contains very little lithium metal that reacts with water. Water also cools the adjacent area and prevents the fire from spreading. Research laboratories and factories use water to extinguish small Li-ion fires.

A large Li-ion fire, such as an electronic vehicle, may need to burn out as water is ineffective. Water with copper material can be used, but this may not be available and is costly for fire halls. When encountering a fire with a lithium-metal battery, only use a Class D fire extinguisher. Lithium-metal contains lithium that reacts with water and makes the fire worse. Only use the Class D fire extinguisher on lithium fires.

CAUTION Do not use a Class D fire extinguisher to put out other types of fires; make certain regular extinguishers are also available. With all battery fires, allow ample ventilation while the battery burns itself out.

Injuries caused by lithium-ion battery explosions

Many electronic devices including smartphones and laptops are often in close proximity to a user’s face. Therefore, when there is an explosion or a fire occurs, there can be significant bodily injury or facial injury. Injuries caused by lithium-ion batteries have led to an increase in burn injuries — which can be can be extremely painful, may need complex medical procedures, and can also result in lasting pain and scarring.

Although many people have been able to escape serious injuries, some victims have reported the following:

  • First, second, and third-degree burns,
  • Broken or fractured bones,
  • Missing or fractured teeth,
  • Loss of limbs,
  • Loss of body parts or use, and
  • Death.

What you should do if you’ve been injured:

If you have been injured by a lithium-ion battery explosion or fire, you should:

  • Seek medical attention immediately,
  • Make an official report to the company and the U.S. Consumer Safety Commission,
  • Take photos,
  • Record the details (time of day, what you were doing before, witnesses, etc.),
  • Don’t talk to an insurance adjuster or give a statement until consulting with an injury attorney,
  • Call an experienced attorney.

The attorneys at Ron Austin Law have been representing personal injury victims for nearly 25 years. If you were hurt after a product exploded or caught fire, and you don’t know what to do, we can help. Product liability cases resulting in personal injuries can be complex and hiring an attorney to help you take care of the paperwork, aggressive insurance agents, and advise you can be helpful when trying to recover from an injury. If you would like to speak to an attorney regarding your personal injury, call 504-227-8100 or fill out the form below and an attorney will contact you promptly.

Filed Under: Class Action Lawsuit

What is a Class Action Lawsuit?

A class action is a type of lawsuit where one of the represented parties is a group of people who are represented as a whole by one member of that group. Members of class action lawsuits must have all been harmed in the same way by a defective product or other some other actionable offense.

Featured Class Action Lawsuits

Drugs & Supplements

When drug companies release dangerous and defective drugs to the public, patients who are injured because of it may be able to take legal action and may be entitled to compensation.

  • Xarelto
  • Valsartan
  • Proton Pump Inhibitors – PPI
  • TDF Drugs – Truvada, Viread, Atripla, Complera, Stribild

Medical Devices

When a medical device company is negligent in making sure its products are free from defects, those injured after using those products may be entitled to compensation.

Defective Products

When a company sells a defective product, those who bought the product may be able to file a class action lawsuit against the manufacturer for the cost of the product and any damage the product may have caused to the consumer and the consumer’s property.

  • 3M Military Earplugs

Environmental Hazards

People who were diagnosed with cancer or other serious illness after being exposed to asbestos or any other environmental hazard may be able to take legal action.

  • Mesothelioma
  • Roundup Weed Killer

4 things you should know

Class action lawsuits are filed on behalf of a group of people who believe they have suffered from the companies’ actions. Here are 6 things you should know:

  • Joining the class means waiving the right to file separately.

Joining a class action lawsuit means you are eligible for compensation but you can no longer file a separate lawsuit against the company. If you think you have been harmed more than everyone else in your class action suit, then consult with a lawyer before deciding not to join the class action lawsuit.

  • Strength in numbers.

There should be enough plaintiffs in a class that will make it difficult to bring them before the courts individually. According to most, a class of 40 plaintiffs is a good number for having a class action lawsuit.

  • Settlements can take a while.

People and organizations have multiple opportunities to object to or appeal a settlement and then the settlement has to receive approval from the court. Once the settlement is approved and there are no further appeals, class members will begin receiving their portion of the settlement.

  • Not everyone will get the same amount.

Class action lawsuit settlements typically reach millions of dollars but that does not mean the plaintiff will get a large amount of the settlement. Since there are so many plaintiffs in a class action lawsuit, the individual settlements can seem relatively small considering it total settlement has to be divided among the class.

The success of the overall lawsuit and the amount awarded to the plaintiff depends on the knowledge and experience of the attorney representing them. The experienced and dedicated attorneys at Ron Austin Law are here to help anyone who has suffered from defective drugs, medical devices, products, and environmental hazards. We have successfully fought hard for our class action clients and have a proven record of getting results. Call us today at 504-227-8100 or send us an email at info@ronaustinlaw.com and an attorney will be available to assist you immediately. Our mission at Ron Austin Law is to get our clients the best results possible.

Filed Under: Class Action Lawsuit Tagged With: class action, class action lawsuit, Hard Rock Hotel collapse, juul, roundup weedkiller, TDF drugs, Zantac

Big Win Against Brad Pitt & Make It Right in Wake of Hard Rock Collapse

Louisiana State Court Judge Rachael Johnson ruled on Thursday, October 17 that homeowners could move forward with their lawsuit against the Make It Right Foundation and its officers and directors, including founder and actor Brad Pitt for defectively constructed homes just days after Hard Rock Hotel collapsed for possible construction defect.

Defective Construction of Make It Right Homes

Plaintiffs purchased their homes from the Make It Right Foundation from 2008 through 2016 and say that their homes are riddled with defects and are virtually worthless.

Ron Austin Law filed a class action lawsuit on behalf of homeowners in 2018 against Brad Pitt’s Make It Right Foundation and others alleging the “Make It Right” homes were built with defective materials, designs, and construction.

Plaintiffs also alleged the Foundation was insolvent and the Officers and Directors, including the founder Brad Pitt, committed fraud by suppressing knowledge of the defective conditions from the homeowners. The Make It Right Foundation did not reveal the systemic defects in the development until September 2018 when it filed suit against John Williams, the chief architect, alleging damages estimated at $20 Million dollars.

In a statement to the New York Post in February, Attorney Ron Austin said, “Every time there’s been good press, Mr. Pitt has been smiling, shining for the cameras, taking credit, continuing to say he’s not abandoning the project. But the reality is his legal team is doing everything they can to have him removed from this lawsuit. If he gets out of it, residents of Make It Right will be stuck in homes of disrepair with no recourse.”

The Officers and Directors, including Brad Pitt, sought to be removed from the lawsuit claiming, among other things, that they did not personally participate in events complained of by the homeowners.

Plaintiffs argued that Brad Pitt and the Make It Right Foundation were “builders” under the law, and owed a duty to divulge known defective conditions to the homeowners. The Judge ruled on October 17th that the Plaintiffs sufficiently stated a right of action and a cause of action to proceed with their lawsuit.

The Judge’s ruling in court that plaintiffs could move forward with the lawsuit against Make It Right and Brad Pitt is a big win for the homeowners.

Ron Austin and his legal team are proud to seek justice for the homeowners in the Ninth Ward community and anyone else in our community who has been affected by defective construction.

Defective Construction in New Orleans Still Affecting Our Community

Defective construction can result in serious consequences, including building collapse and injury.

As of late, our community has been affected by another possible defective construction incident resulting in tragedy.

On Saturday, October 12th, the under-construction Hard Rock Hotel collapsed on Canal Street in New Orleans — killing 3 and injuring 30 people. The devastating event was captured by witnesses as it happened.

As rescue operations took place, accounts from construction workers and video footage of, what is speculated to be, defective construction in the structure has begun to circulate. The video is currently under investigation for authenticity and whether it portrays structural problems prior to the devastating collapse.

Demolition has begun on the remaining Hard Rock Hotel structure — allegedly costing the city of New Orleans $400k a day. New Orleans Mayor, Latoya Cantrell said during a news conference that the amount being spent to clean up the site and make the area safer does not include the impact on the city’s economy and the city intends to seek reimbursement from the responsible party.

The collapse has not only affected many lives but also surrounding businesses that had to close for being in close proximity to the collapse and some are now even seeking damages.

The Saenger Theatre is currently pursuing a class-action suit against the Hard Rock Hotel developers for interrupted business by the catastrophe. Other businesses like Ruby Slipper Cafe have also been affected by the collapse — which is looking at $40k to $60k in lost revenue only 2 days after the collapse.

Filed Under: Class Action Lawsuit Tagged With: Brad Pitt, class action lawsuit, Defective Construction, Hard Rock Hotel collapse, Hurricane Katrina, Make It Right Foundation

What you should know about Juul E-Cigarettes

What is Juul and why is it so addictive?

Juul, like many other e-cigarettes, has gained popularity among teens for several reasons including its sleek design and user-friendly pods.

The vaping device is hardly noticeable and can be enclosed in the palm of your hand. However, the nicotine content in its pods or cartridges is extremely concentrated.

What sets is apart from other e-cigarettes is that it hits the body with tobacco cigarette-worthy dose of nicotine… Doctors and public health officials also worry about the immediate harmful side effects of nicotine on young people’s brains and bodies. – Vox

How do e-cigarettes work?

E-cigarettes, like Juul, work by converting liquid nicotine into a vapor the user then inhales. The device is battery-operated and is intended to provide the same sensation as smoking an actual cigarette.

Why are people filing e-cigarette Lawsuits?

Juul lawsuits are being filed by vape users who claim that e-cigarette devices and e-liquid flavors can cause harm. Current lawsuits filed claim victims suffered from seizures after vaping, which caused nicotine addiction and have experienced their e-cigarette batteries exploding.

Facts About Juul

  • One Juul Pod contains 20 cigarettes worth of nicotine.
  • Almost 1/5 of middle and high school students have seen Juul used in school.
  • Juul comes in sweet and fruity flavors — making it more appealing and more dangerous.
  • Minors are getting Juul in stores, online, or through friends.
  • The FDA has taken some action.

FDA claims Juul Illegally Marketed E-Cigarettes

According to the Food and Drug Administration, Juul Labs illegally marketed its vaping products as a less harmful alternative to cigarettes. The FDA issued a warning letter to Juul for marketing unauthorized modified-risk tobacco products, including targeting youth and young adults.

Juul representatives claimed when speaking to students:

  1. Juul was much safer than cigarettes and the FDA would approve it.
  2. Juul was totally safe.
  3. Students should mention Juul to his/her friend hooked on nicotine as a safe alternative to smoking cigarettes.
  4. FDA was about to say Juul was 99% safer than cigarettes.

The FDA determined Juul has marketed products without an appropriate FDA order

According to the warning issued to Juul Labs, Juul’s labeling and advertising would be expected to make consumers believe the product will:

  1. Present a lower risk of getting a tobacco-related disease or is less harmful than other tobacco products.
  2. Contain a reduced level of nicotine or substances or exposure to nicotine or substances.
  3. Not contain or are free of nicotine or substances.

Filed Under: Class Action Lawsuit Tagged With: addicted to smoking, e-cigarettes, juul, juul ban, lung disease, vaping

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Harvey, LA 70058

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