A man was badly burned after an Eagtac lithium-ion flashlight battery exploded and caught fire in his pants pocket. He purchased the battery from Walmart.

Walmart Inc (NYSE:WMT)

LOS ANGELES, CA, UNITED STATES, July 28, 2022 /EINPresswire.com/ -- Personal injury lawyers from Baum Hedlund Aristei & Goldman filed a lawsuit today on behalf of a chimney inspector who was badly burned after an Eagtac lithium-ion flashlight battery exploded and caught fire in his pants pocket. The incident left plaintiff Rory Foley with severe burns on his leg that required multiple surgeries, kept him out of work for months, and left his legs disfigured.

Baum Hedlund injury attorneys Timothy A. Loranger, Ronald L. M. Goldman, and W. Crawford Appleby filed the complaint today (case no. 22VECV01069) on behalf of Mr. Foley and his wife in California Superior Court, County of Los Angeles. The lawsuit names the following defendants:

• Eagtac, LLC of Washington – Eagtac designs and manufactures flashlights and accessories, including batteries.
• Longhorn Tactical, LLC and Lumen Tactical, LLC of Texas – Longhorn sells and distributes flashlights and accessories, including batteries. It is an authorized dealer of Eagtac products and an authorized seller of said products with Walmart. Lumen Tactical is an alter ego and/or joint venture of Longhorn Tactical.
• Walmart, Inc. of Delaware – Walmart is an international online seller and distributor of many different products, including flashlights and batteries.

Walmart advertises and sells Eagtac products to consumers, including online through its interactive website.

Attorneys for Mr. Foley allege that the Eagtac lithium-ion flashlight battery was defectively designed and manufactured, and that the defendants failed to warn consumers that metallic objects coming into contact with the battery can cause an external short circuit, making the cell overheat and explode. Mr. Foley, who was carrying the battery in his pocket, did not know its close proximity to coins, keys, or other metallic objects was dangerous.

“The defendants knew that if they warned people that the battery could explode in someone’s pocket, no one would ever buy it,” says Baum Hedlund attorney and senior shareholder Timothy A. Loranger. “They could have protected people by responsibly warning of this danger.”

Foley et al. v. Eagtac et al. Causes of Action

• Strict Product Liability: Manufacturing Defect
• Strict Product Liability: Design Defect
• Strict Product Liability: Failure to Warn
• Negligence
• Breach of Implied Warranties
• Loss of Consortium

Lithium-Ion Battery Burn Injury Lawsuit Allegations

Plaintiff Rory Foley purchased an Eagtac battery online from Walmart’s website. The battery order was fulfilled by Longhorn on Walmart’s behalf.

On November 9, 2020, Foley was performing a chimney inspection with a spare Eagtac battery in his pocket. While on a roof looking down the chimney flue with his flashlight, Foley heard a sudden noise that sounded like a firecracker igniting. In an instant, he felt intense pain in his left leg and noticed a flame shooting out the side of his pants near the left front pocket.

Foley realized that the lithium-ion cell battery had exploded and caught fire. He screamed in pain then attempted several times to pull the battery out of the hole burning through his pants. After several attempts, Foley was able to remove the burning battery from his pants.

According to the complaint, the Eagtec battery has a protection circuit located on the negative end of the cell that is connected to the cell can and the positive lid of the cell by a metal tab to provide power to the circuit. The protection circuit is attached to the negative end of the cell and therefore cannot protect the cell from an external short circuit caused by a metallic object that simultaneously contacts the positive cell terminal and the exposed negative surface of the can.

At the time the battery exploded in Mr. Foley’s pocket, a metallic object (such as a coin or keys) came into contact with the cell, causing an external short circuit in which the cell vented and expelled its contents, the lawsuit alleges.

The owner of the house Foley was inspecting heard his screams and came outside to see what was happening. The homeowner found the battery still aflame on his roof. He put out the fire by spraying the battery with a garden hose. Foley, who was in excruciating pain, told the homeowner to call the fire department. Emergency responders transported him by ambulance to the Grossman Burn Center in West Hills.

Foley remained in the hospital for 11 days and endured two painful surgeries. In the first surgery, doctors removed all the dead skin from his thigh and prepared for a skin graft. He waited in pain for several days before doctors performed a second surgery, which was even more painful than the first. In the second surgery, doctors had to remove layers of skin from the right thigh and graft the skin onto the burns. Both of his thighs were in excruciating pain for roughly another week after he left the hospital.

The incident left Foley’s thighs disfigured. His injuries prevented him from working for several months. He now must wear pants to hide his burns and protect his skin. Foley says the incident resulted not only in pain and financial losses, but it also placed stress on his marriage. As such, the complaint seeks damages for loss of consortium on behalf of Foley’s wife, Amy.

As a direct and proximate result of defendants’ conduct, Mr. Foley has suffered and continues to suffer permanent injuries to the person, body, and health, the lawsuit alleges. Per the complaint, he has further suffered, and will suffer into the future, pain, discomfort, fears, anxiety, loss of sleep, and other mental and emotional distress directly and proximately caused by the defendants’ conduct. Mr. Foley also expects to incur future loss of income and future medical costs associated with his injuries directly and proximately caused by the defendants’ conduct, according to his lawsuit.

Read more about this case in our blog.

About Baum Hedlund Aristei & Goldman

Baum Hedlund Aristei & Goldman is a Los Angeles-based law firm with more than $4 billion in verdicts and settlements across a wide variety of practice areas. With a decades-long track record of success handling complex personal injury and wrongful death cases, the firm has earned a reputation for representing clients with considerable dedication, experience, and skill. Since opening its doors in 1973, Baum Hedlund has earned a reputation for breaking new legal ground, holding Fortune 500 companies accountable, influencing public policy, and raising public awareness on important safety issues. The firm and its attorneys are proudly recognized in:

• Best Lawyers in America^®
• U.S. News - Best Lawyers^® Best Law Firms
• California Powerhouse, Law360 2021 Regional Powerhouse Series
• Martindale-Hubbell^®, the highest AV^® Preeminent Peer Review Rating
• Product Liability Practice Group of the Year, 2020, Law360
• Verdicts Hall of Fame, The National Law Journal, Inducted in 2020
• The Bar Register of Preeminent Lawyers™

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Robin McCall
Baum, Hedlund, Aristei & Goldman, PC
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