The Dangers Associated with E-Cigs and Vape PensThe most prominent danger associated with e-cigs and vape pens are explosions. These devices could suddenly explode for a number of reasons. Some common causes for ex (that are not directly associated with the company) include the following: using the wrong charging cables/devices, using the product incorrectly, or handling the product incorrectly, for example. Company-related reasons for these products to explode could include the following: malfunctions, defective batteries, manufacturing flaws, poor production, poor design, and inferior manufacturing materials, for example. Some the harm that could result from these sudden explosions, could include the following:
- Scarring In addition to the physical harm mentioned above, an exploding e-cig or vape pen can have severe emotional and mental consequences for the injured victims and any other parties affected by the incident. Although it is possible to survive an e-cig explosion, these incidents could be fatal.
- Seek medical attention as soon as possible
- Preserve the clothes that were worn at the time of the incident
- Preserve the defective battery (and all other elements) of the e-cig or pen
- Contact the company to report the defect and the harm suffered
- Do not send the defective product back to the company
- Do not agree to a refund or a free replacement
- Do not try to “fix” the defective product or alter it in any way
- Do not sign any documents releasing liability for the harm that you suffered
- Gather witness information if there were any witnesses to the incident
- Gather all medical records (and medical expense records)
- Gather all records associated with the purchase of the defective product
- Contact an attorney to ensure that you have the appropriate legal representation
- Medical expenses
- Lost income
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
Product LiabilityBased on product liability, all companies have a specific duty of care towards their consumers. They have a duty to ensure that all their products are safe to be used as intended. To ensure that their products are safe for their consumers, products are required to be subjected to a number of tests and inspections. Any hazards or risk factors that could potentially harm consumers must be thoroughly addressed before being made available for consumers to purchase. When companies fail to address hazards prior to releasing products to the public, they are breaching their duty of care – which can create the risk of consumers suffering harm. Any time consumers suffer harm because of a defective product (which represents a breach of duty, companies can be held liable.
Do You Have the Right to Sue?You have the right to sue if you were harmed in any way by a defective product. Your right to sue is based on something simple – all companies have a duty of care towards their consumers. By making defective products (products with defects in design, manufacturing, or labeling) available for consumers to purchase, companies are being negligent and putting their consumers at risk of suffering injuries. Based on this information (and case-specific details), you might have grounds to pursue a claim. For more information about your right to sue after being harmed by a defective product, such as a defective vape pen or e-cig, do not hesitate to seek legal assistance immediately.
What Steps Should You Follow to Prepare for a Product Liability Claim?If you were injured because of a defective e-cig pen, you could pursue a claim – given that the defect that caused your injuries was related to the product’s design, manufacturing, or labeling. Although you have the right to pursue a claim for the harm that you suffered, failing to take the appropriate action could reduce the possibility of being able to file a successful claim. There are a number of steps that the victims harmed by defective should try to follow. These steps include the following:
Could You Recover Compensation?You were harmed as a result of a defective e-cig or vape pen; could you recover compensation if you pursue a product liability claim? If your claim reaches a successful outcome, you could be eligible to recover at least some sort of monetary compensation for the harm that you suffered. Even if a member of your family suffered fatal injuries, you could be eligible to recover monetary compensation. How much compensation could you receive? What type of compensation could you recover? Although the type and amount of compensation that you could be eligible to receive depends on the specific details of your claim (harm suffered, permanency of injuries, etc.), you should be familiar with the following categories of compensation that you might be eligible to recover:
Product Liability Claims and DeadlinesThe failure to promptly file their claims often results in parties with perfectly valid claims losing their right to sue. This is due to the fact that all claims are subject to deadlines – specifically, all claims are subject to a statute of limitations. A statute of limitations is establishes the length of time that claimants have to file their claims. When they fail to file their claims within the time allowed by the statute of limitations, claimants can lose their right to sue.
Find out more about how we can help you. CHAT LIVE with a representative now.Product liability claims (at least in the state of California) are subject to a two-year statute of limitations; this means that the victims directly harmed by defective products have a two-year period to file their claims. However, exceptions apply. If the victim was underage, for example, the statute of limitations is tolled until the victim turns eighteen – this means that claims could be filed at any time up to two years after the victim’s eighteenth birthday (the victim could be up to twenty-years-old). Other exceptions could also apply. Therefore, it is necessary for claimants to discuss the applicable deadlines (and exceptions) with the lawyers at our firm immediately.