The whole issue here is really the re-selling thing. Lots of resellers include their own safety leaflets now but a lot don't, I remember buying my first ever 18650 and it just came in a white card box with no warnings or information. In my ignorance it looked just like a big AA cell and I had no idea of the potential of these cells. I'm not sure I would have just carried it around loose in my pocket but I certainly didn't take as much care as I do now.
I think people are so used to seeing warnings all over packaging/items when they buy something that doesn't have that they don't even imagine the dangers.
It all goes back to the fact that these aren't really consumer cells....and is it fair to expect people to just 'know' this stuff?
I'm not really interested in the whole suing side of it, but people reselling cells need to do their bit in making sure people know what they are buying and what NOT to do with them.