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E-Cigarette Explosion Attorney – Vape Defect Burn Lawsuit

vape_explosion_cases_lawsuit_infoOur office has been handling cases for e-cigarette and vape pen injuries. As a result of this expanding market, millions of people have made purchases of these devices. Since the industry has very little regulation and because most of the manufacturers are foreign it makes recovery for injured parties difficult. In many cases the manufacturers are not subject to the laws and rules of U.S. laws, as a result many injured users are left with horrible damage with very little recovery. If you have been hurt by one of these devices contact my office immediately in order to discuss.

Liability Against the Store

e-cig_lawsuitDepending on who you bought the device from, you may have a claim against the store itself for selling you a defective product. Typically, you will have a claim against the manufacturer, but in certain situations you may have a claim against the store that sold you the device. Make sure you have some documentation of the purchase, either via receipt or credit card purchase.

A store that sells a defective product will have some degree of liability for injuries caused as a result of an injury. It is not necessary that the store know if the defect, but merely place the product in the hands of the consumer. In such cases the store itself will have liability.

This is important for a few different reasons, but most importantly because the store is a U.S. corporation or entity. This is important when considering the likelihood of recovery from a foreign company in a different country.

Liability Against the Manufacturer – Winning a Defective Product Case

 A consumer product can be deemed defective based on three different criteria.

Defect in the Original Design of the Product:  A design defect takes place when at the time of the implementation of the design into manufacturing there was similar design with the same level of efficacy but with a far reduced risk of harm to the consumer. For example: If there was another vape design in existence that had a far lower risk of exploding in comparison to the design that was implemented into production.

Defect in the Manufacturing Process of the Product: A defect in manufacturing takes place when the produced product in markedly different that the original intended design and as such poses a greatly increased risk of harm to consumers. For example: In many instances, in an attempt to reduce production costs, manufacturers will use material that is substandard in quality on comparison to the designed and approved item.

Defect in the Labeling and Packaging of the Product:  Also referred to as a failure to warn defect. This takes place when the manufacturer fails to properly warn consumers of the product with all known dangers associated with the use of the product.

Facts on Fires and Explosions

According to data collected by the United State Fire Administration more than 80% of the E-Cig explosions took place white the battery of the device was being charged, 8% while the device was being used without the charge being used and 4% when the device was not in use nor being charged at the time of the incident. The vast majority of the incidents resulted in the subsequent fire spreading beyond the device. The causes of the explosions vary based on the specific device being used. Some of the most common causes include:

  • The USB Port of the device; including the use of non approved adapters.
  • Overheating caused by charging the device.
  • Defect in the lithium ion battery of the device.

Steps to Take if You Have Suffered Injuries

If you have been hurt, you need to take immediate action. Here is a list of steps you should take in order to make sure the case is set up appropriately.

Document your injuries. In so many cases we have seen injures that have resulted in serious damage to the client. However, many clients do not properly document the injuries or the extent of the injuries properly. As a result many of the cases are not properly set up because clients do not take the steps to document the extent of the injuries. Make sure you take photos and keep all necessary devices in your possession.

Never return or give back the device to any manufacturer. ALWAYS make sure you keep the device in your possession. In so many cases you will see the manufacturer calling to return collect the device. Do not fall for this and do not give them the device back. It is necessary to have the vape or e-cigarette pen tested by our experts, this will be important to your case.

Always seek medical attention. In many cases you will have serious burns as a result of the explosion. In other cases we have seen clients suffer serious dental damage as a result of the explosions. In such cases you must seek medical attention. If you don’t have access to medical care our office can help you select the appropriate doctors.

Value of My Case – Average Settlement for E-Cigarette Explosion Cases

How do you place a value on a case? What are the criteria for evaluating a case? Case value is dependent on a few different factors. First, you look at the degree of the injury. Your injuries are the first sign of case value. If a client suffered serious burns, dental trauma or any other type of damage to the body or face it will change the value of the case drastically.

Depending on the degree of the injury and the length of recovery we will have a better idea of case value. In such cases if the device causes burns, which will leave long term scars it will have serious value. In other instances where you have a female vs. a male that is injured and the damage is prominent the value can change. These are just some of the factors in dealing with evaluating the case. You must also consider the emotional damage and the trauma associated with this type of injury. If you have been hurt, contact our office in order to get either a free case evaluation or a second opinion.

Further Information – Free Case Consultation: If you have any further legal questions regarding compensation for your injuries feel free to contact our law offices. All consultations are provide by our attorneys free of charge.

Further Information:

United State Fire Department Study on E-Cig Fire and Explosion Risks

Average Case Settlement – Electronic Cigarette Explosion Cases 

 



 

 

 

 

 

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