Filing a Product Liability Lawsuit After an E-Cigarette Injury

Vapes or e-cigarettes have become a popular alternative to tobacco products. Although they were originally marketed as a safer alternative, reports of e cigarette-related injuries have increased. These injuries, which can range from battery explosions to respiratory diseases caused by harmful chemicals and be life-altering, are serious. A product liability suit could be the best way to get compensation for injuries you have suffered from an e-cigarette. What you should know before suing is outlined below.

Understanding Product Liability

The product liability law holds retailers, manufacturers, and distributors accountable for releasing dangerous or defective products onto the market. A product liability lawsuit against e-cigarettes could be based upon:

  • Design flaws: The product’s design was flawed and therefore dangerous. Poorly designed e-cigarettes that explode due to overheating.
  • Manufacturing Defects: Even if the design of the product is safe, mistakes during the manufacturing process may make the individual product unsafe. It could be a faulty battery assembly or contaminated vape liquid.
  • Failure To Warn: Manufacturers are legally required to inform consumers of the risks that their products may pose. The failure to properly communicate or label the risks associated with using an e-cigarette could be the basis for a lawsuit.

Steps to Filing a Product Liability Lawsuit

  1. Seek Medical Attention: Your health and safety are always the first priority. Seek medical attention immediately if you have been injured. Medical records are crucial for your case.
  2. Preserve evidence: Keep all components of the e-cigarette, including the chargers and liquids. Take photos of any injuries or damage caused by the product. These items could be key evidence for your lawsuit.
  3. Consult a Product-Liability Attorney: Litigations involving product liability are complex, particularly when dealing with large companies or manufacturers of ecigarettes. A product liability attorney can evaluate your case, and gather evidence to support your claim, such as expert testimonies or product tests.
  4. Filing the Claim: Once your attorney determines that you are likely to win, he will begin the legal process. You will typically sue the manufacturer. However, depending on the circumstances, you may also include retailers or distributors in your lawsuit.
  5. Negotiate or Go to Trial: Most product liability cases can be settled outside of court. However, if you and your attorney cannot reach an agreement, then the case may need to be taken to trial in order to recover damages.

Compensation You May Be Entitled To

The victims of e-cigarette injuries can receive compensation:

  • Medical Expenses: Includes the cost of the emergency treatment and ongoing care as well as any future medical costs related to the injury.
  • Lost wages: You may be entitled to compensation for your lost wages if you were unable to work due to an injury.
  • Pain & suffering: Compensation of physical pain & emotional distress due to the injury.
  • Punitive damages: The court can award punitive damage to punish the manufacturer in cases of gross negligence and willful misconduct.

You don’t need to carry the burden of an e-cigarette injury alone. A product liability lawsuit will help you get compensation for your injuries, and can hold the manufacturers responsible. You can increase your chances of success by taking quick action and consulting a lawyer.

This post was written by a professional at W. Lee Clark & Associates. W. Lee Clark & Associates is a dedicated law firm based in Lakewood Ranch, FL, specializing in personal injury, slip and fall injury attorneys near you, mass torts, defective product lawyer near you, tobacco and Defective e cigarette injury attorney Bradenton FL, and wrongful death attorney in Florida. With extensive experience and a client-first approach, the firm proudly serves clients throughout Manatee, Sarasota, Polk, Hillsborough, and Pinellas counties. Whether you’ve been injured due to a defective product or are seeking justice for the wrongful death of a loved one, W. Lee Clark & Associates provides the guidance and legal representation you need to protect your rights and pursue compensation. Schedule your consultation today!