E-Cigarette Explosion Class Action Lawsuit for Injuries
The past decade has witnessed a meteoric rise in the use of electronic cigarettes in the United States. Unfortunately some e-cigarettes have caused severe injuries due to explosions. According to recent studies injuries caused by exploding nicotine devices have increased six fold; thus corresponding with the increase in their use. Common Injuries: Some of the most likely injuries which can be caused by e-cig defects include the following…
- Dental damage
- Damage to the jaw and maxillofacial injuries including injuries to the tongue and mouth.
- Burn injuries to the face resulting in facial disfigurement.
- Amputation injuries – Loss of fingers and injuries to the hands.
- Facial injuries – including burns to the nose, ears and ocular eye damage.
- Severe burn injuries to the body resulting in painful scarring and disfigurement.
- Deaths caused by such explosions.
Filing a Product Liability Lawsuit – Wining Your Case in the Court of Law
There are generally three distinct ways to prove a defective product case.
- Defect on the Design of the Product: The first theory of liability is predicated on showing issues associated with the products research and design phase. A design defect can be proven by showing that the approved design results in a higher probability of harm when compared with other products which display a relatively similar level of efficacy. In others words liability is established when another product that does the same thing we safer when the product was design.
- Defect in Manufacturing: A manufacturing defect takes place when an alteration in the finished product is different in such a manner so as to result in a higher probability of harm when compared to the products initial design. An alteration can come in many forms. An example is when a manufacturer decides to use a less expensive material in the process resulting in the final products increased level of harm.
- Defect in Labeling: This take place when the product’s labels and or packaging fails to warn of known and or knowable dangers associated with its use.
Average Case Value – E-Cigarette Explosion Injury Claim
Individuals who have suffered injuries are entitled to receive compensation for all damages suffered. The value of a personal injury lawsuit is predicated on severe significant factors described in detail below…
- The severity and magnitude of the injuries suffered by the victim.
- Medical and rehabilitation costs incurred.
- The probability of future medical and rehabilitation care needed.
- Level of pain and suffering including emotional trauma and mental anguish.
- Economic damages suffered including loss of income and future loss of earning potential due to long term injury or permanent disability
- Availability of Punitive Damages: In many instances courts have awarded punitive damages when the at fault party acted with either the malice intent to cause harm or acted in reckless indifference for the life and health of consumers. For example punitive damages are awarded when a manufacturer of a product knew of the high probability if injuries associated with its use but failed to warn consumers, and or failed to recall the product from store shelves in a timely manner.
Attorney Consultation Available Free of Charge: If you have any further legal questions regarding the filing of a product liability lawsuit against manufacturers of defective electronic cigarettes resulting in substantial harm please feel free to contact our law firm. All legal consultations regarding your case are free of charge.\