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The Increase of E-Cigarette Injuries: Do You Have a Case

Many smokers view e-cigarettes as a much healthier option than tobacco. After all, they are allowed in a number of businesses, so they have to be better, right? This isn’t exactly the case. In fact, for an array of reasons, vape pens, e-cigarettes and other types of electronic smoking devices have started exploding over the past few years, leaving many users with serious injuries.

In addition to the device itself exploding, the batteries have begun to explode as well. In fact, more than 120 lawsuits were filed in 2017 that allege injuries from fires and explosions resulting from e-cigarette batteries. Even worse, there are no signs that e-cigarette litigation is going to slow down any time soon.

The Trend of Exploding E-Cigarette Components

At least eight different people filed a lawsuit in 22017 that made the claim that electronic cigarettes exploded in their mouths, with some claiming the explosion knocked out their teeth and resulted in third-degree burns. There were dozens of other claims that stated the user was scorched on their groin or leg when the batteries for their vaporizer exploded or caught fire in their pockets.

There was even a wrongful death lawsuit filed in 2017, which claimed that an exploding e-cigarette resulted in shrapnel being launched into a man’s head in New York before he died due to fire the explosion caused.

According to information from the U.S. Fire Administration, failures for e-cigarette batteries create a significant hazard, as there is no other consumer product that uses a battery with a known explosion possibility in this close of a proximity to a person’s body.

The Liability in Exploding E-Cigarette Cases

The majority of lawsuits being filed for e-cigarette injuries are considered product liability claims. These allege that one of the following three causes resulted in the malfunction:

  • Design defects: This results in the e-cigarette posing a high risk to consumers, even if it was manufactured and used as it was intended.
  • Manufacturing defects: If there is a mistake in the production of an otherwise well-designed e-cigarette and it introduces a new risk to those using it.
  • Warning defects: These occur if the company fails to warn consumers about the risks associated with e-cigarettes, if the warnings are inadequate or inaccurate or if there are no warnings at all.

When to Hire an Attorney

If you are involved in a situation where you have been injured due to an exploding e-cigarette or battery, then it is best to contact an attorney to determine what rights you have. The attorney you hire will be able to review the case and determine who is liable for your injuries. They will also help you recover a fair amount of compensation for the injuries you suffered.