Vaping Device Injury: Can You Sue?

Vaping devices, commonly known as E-cigarettes or vapes, have gained widespread popularity among American teens and young adults. As the use of vape has increased in California, so has the potential for injuries, primarily stemming from battery explosions. 

While most incidents result in minor injuries, such as burns, there are rare cases where vapes or E-cig users experience more severe consequences.

This article delves into the aftermath of vaping incidents, offering insights on what steps to take and outlining the types of damages that can be pursued in such situations. 

What is Vaping?

Vaping involves inhaling or exhaling aerosol vapor from an electronic cigarette. Vape explosion injuries are usually caused by overheating of the lithium-ion battery cells. As a result, the liquid turns to vapor.

E-cigarettes contain harmful chemicals like propylene glycol, glycerine-based liquid, and nicotine, posing risks of vaping lung injuries, cancer, and heart disease. 

Understanding the components and potential health hazards associated with e-cigarettes is crucial for individuals considering or currently using these devices.

Common Vaping Device Injuries

Numerous vaping incidents involve E-cigarette explosions, leading to injuries in the face, hand, and inside pockets. 

Common injuries associated with vaping devices include:

Burns

With time, vaping device batteries can overheat, especially when in contact with metal objects like keys and coins in pockets. While burn reports from vaping are typically minor, they remain alarming for E-cigarette users. 

Most injured vapers experience mild to severe burns on their hands, genitals, face, and legs. Thus, the potential for injuries underscores the importance of cautious handling and storage of vaping devices to mitigate the risk of burns and ensure user safety.

Combustion Injuries

Beyond burns, vaping can lead to various combustion injuries such as lacerations, fractured fingers, broken teeth, and concussions. Moreover, the use of E-cigarettes heightens the risk of injuries like broken spine, wrists, and hips. 

Understanding the diverse range of potential injuries associated with vaping underscores the need for heightened awareness and caution while using these devices. Therefore, prioritizing user safety and adopting responsible vaping practices are essential to minimize the risk of a range of injuries beyond burns.

E-cigarette or Vaping Product Use Associated Lung Injury (EVALI)

Another serious medical condition linked to vaping is EVALI, which affects the lungs. Vape users concerned about this condition should watch out for the following symptoms:

• Shortness of breath
• Fever and chills
• Headache or dizziness
• Chest pain
• Cough
• Vomiting

Determining Liability for Vaping Injuries

Determining liability in a vaping incident can be complex. In some cases, the responsibility may lie with the vaper for using E-cigarettes despite health vulnerabilities. Health risks associated with E-cigarettes, such as lung cancer and heart disease, are factors to consider.

In response to vaping hazards, California has banned flavored vaping products and menthol cigarettes, imposing civil penalties from $400 for the first violation to $6,000 for the fifth violation.

Street-sold E-cigarettes may contain harmful substances prohibited by the FDA. Establishing liability for manufacturers can be challenging if the device was tampered with before use. 

However, with sufficient evidence, the injured party may name both the manufacturer and retailer as defendants. It underscores the importance of understanding regulations, ensuring product safety, and pursuing legal action when necessary.

Negligence and Product Liability

Vaping injuries can result from device malfunctions, potentially making the manufacturer or seller liable for the incident. With the proliferation of illegal vape sellers in California, ensuring the safety of devices is challenging. 

Manufacturers can face negligence or product liability claims if false advertising or the absence of warning signs for E-cigarettes are proven. In cases where a defective vaping device is sold, both the retailer and manufacturer can be held strictly liable for the incident. 

Therefore, the importance of diligence in product safety, accurate advertising, and providing adequate warnings is critical to minimizing risks and ensuring user safety.

How to File a Vaping Injury Claim

Vaping injuries warrant filing under personal injury, product liability, or wrongful death claims. Likewise, initiating a vaping injury claim involves establishing the wrongful act, negligence, or product defect that caused the incident. 

Here’s a guide on how to get started:

1. Seek medical attention. Prioritize your health and well-being by seeking immediate medical attention for your injuries.
2. Preserve evidence. Document the vaping device and any related packaging, and retain medical records, photographs, or witness statements.
3. Identify responsible parties. Determine potentially liable parties, such as the manufacturer, retailer, or other entities involved in the distribution chain.
4. Consult legal counsel. Engage a personal injury lawyer experienced in product liability to assess the viability of your claim.
5. Gather information. Provide your attorney with all relevant information, including details about the incident, medical treatment, and any communication with the vaping product’s manufacturer or seller.
6. Review applicable laws. Understand relevant state and federal laws governing vaping injuries, including regulations on product safety.
7. Determine compensation. Work with your attorney to calculate the compensation you may be entitled to, covering medical expenses, lost wages, pain and suffering, and other damages.
8. File a lawsuit. If a settlement is not reached, your attorney can help initiate legal proceedings by filing a lawsuit against the responsible parties.
9. Negotiate or litigate. Engage in negotiations with the defendants or proceed to court if a fair settlement cannot be reached.
10. Resolve the claim. Work towards a resolution that compensates you for your injuries and addresses the responsible parties’ liability.

Filing a vape injury claim in California involves a comprehensive approach, necessitating the expertise of legal professionals to navigate the complexities of personal injury and product liability laws.

Types of Vape Injury Damages You Can Claim in California

Injured victims of E-cigarette explosions can pursue legal action against the manufacturer or seller for bodily harm and property damage. Beyond physical injuries, vaping incidents often lead to financial loss, emotional distress, and pain and suffering. 

In a personal injury lawsuit, victims may seek both punitive and compensatory damages:

Compensatory Damages

• Medical Expenses: Reimbursement for past and future medical costs related to the injuries sustained.
• Lost Wages: Compensation for income lost due to inability to work during recovery.
• Property Damage: Coverage for damage to personal belongings caused by the incident.

Non-Economic Damages

• Pain and Suffering: Compensation for physical pain and emotional distress resulting from the incident.
• Emotional Distress: Recovery from psychological trauma or anxiety experienced due to the vaping injury.

Punitive Damages

• Penalizing Wrongdoers: Intended to punish the defendant for egregious behavior and deter future similar actions.

Consult with Vaping Injury Lawyers at Adamson Ahdoot

If you’ve experienced a vape injury in California, Adamson Ahdoot’s personal injury lawyers are ready to provide the support you need. 

Our firm offers the personalized attention of a boutique practice coupled with the resources and expertise of a larger entity. With a team of seasoned vaping injury lawyers, we bring proficiency to your case, ensuring a comprehensive and attentive approach. 

Whether you seek legal representation for bodily harm, property damage, or financial losses resulting from a vaping incident, we are here to advocate for you. Schedule a free consultation by calling (800) 310-1606 today. 

We provide our services in both English and Spanish. Likewise, we have all the tools to help you win your case. At Adamson Ahdoot, we strive to get you the compensation you deserve for your vaping injury.