HOUSTON - A Houston man is suing a vape shop, claiming he suffered extensive second-degree burns after two batteries exploded in his pocket.
Seeking more than $1 million in damages, Kolby Ware filed suit against Cloud Zaza on Jan. 21 in Harris County District Court.
According to the lawsuit, on Oct. 12, 2024, Ware suffered extensive second-degree burns when two MXJO 18650 lithium ion batteries exploded in his pants pocket.
“The batteries created a large flare, engulfing Ware’s left leg in flames,” the suit states. “Ware frantically pulled the batteries out of his pocket with his left hand and attempted to smother the flames.”
Ware’s friends rushed him to the emergency room, where he was diagnosed with thermal burns to his upper and lower left extremities, including second-degree burns to his left thigh and left hand. He was administered multiple doses of morphine for the pain, and his burns were cleaned and treated with topical antibiotics.
“Ware’s recovery was excruciating,” the suit states. “He developed painful, oozing blisters and his wounds were rubbed raw to remove burned skin. Ware continues to experience pain from his injuries and suffers permanent disfiguring scars.”
The suit accuses the defendant of negligently selling the batteries outside of dedicated battery pack safety devices.
Ware is suing for exemplary damages, alleging the defendant’s conduct illustrates an attitude of conscious indifference for the rights, safety and welfare of others.
“Specifically, Defendants knew … the batteries had a risk of exploding, but continued to market and sell (them) without warning customers of the strong likelihood of fire, explosion, burns and serious injury associated with the defect,” the suit states.
Ware is also suing for his past and future pain, disfigurement, impairment, mental anguish, medical expenses and loss of enjoyment of life.
The Gibson Law Firm in Houston represents him.
Case No. 2026-04099
