A vape distributor and retailer have asked the North Carolina Supreme Court to uphold an appellate decision that cleared them of liability in a lawsuit stemming from an exploding vape battery, arguing the lower court correctly applied the state’s “sealed container” defense. The doctrine shields sellers from product-liability claims when they sell goods in their original, unopened packaging without altering them.
AMV Holdings LLC and Medusa Distribution LLC say the North Carolina Court of Appeals properly found they could not be held responsible for an alleged defect in a product they neither manufactured nor modified. The plaintiff is seeking to overturn that ruling, contending the defense should not apply in this case.