Are E-Cigarette Companies Legally Liable If They Explode?Sep 12, 2019 Defective Product Legal Blog Personal Injury
Posted by: Kisling, Nestico & Redick, LLC
A 17-year-old boy was injured earlier this year when his e-cigarette exploded in his mouth. The explosion was so powerful that it broke his jaw, blew out several teeth, and caused other extensive wounds. In January 2019, a man in his 20s died after his e-cig exploded and sliced his carotid artery. In any event, these incidents indicate that the risk of explosion is very real.
The defective product lawyers at Kisling, Nestico & Redick hold manufacturers, retailers, and other companies liable when they sell dangerous products that result in injury. If you’ve incurred harm due to an exploding e-cigarette, we can help you make a claim and fight for the compensation you deserve.
Three Ways That E-Cigarette Companies Could Be Liable
These recent incidents involving e-cigs pose some interesting questions as to whether and how the companies may be liable. Generally speaking, any company that sells a product has a duty to the consumer that their product is free from defects. The business must also ensure that the product is safe for use, or that they disclose any known hazards. There are three ways that e-cigarette companies may be held liable for any injuries caused by defects in their products:
This is essentially a flaw in the way a product is designed, rendering it inherently unsafe. Evidence suggests that the lithium batteries that power e-cigarettes may be to blame for explosions. If, for example, an e-cig was designed with inadequate heat-shielding around the battery, this could potentially be a design defect.
This is a defect in how the product is made. Using the example above, it could be the case that the product was designed with adequate heat shielding, but the product was not made according to specifications. In other words, the product was designed to be safe, but a defect in manufacturing caused the problem that led to the injury.
A warning defect occurs when a company fails to disclose certain risks or give adequate instructions as to how to use their product safely. For example, e-cigarette companies might have to disclose a risk of explosion if the product is left in a hot car for an extended period of time. While it remains unclear as to what risks e-cig companies must disclose, greater scrutiny is likely to be imposed on these businesses.
The Challenges Posed by E-Cigarette Cases
In any product liability case, one of the primary challenges is pinpointing the cause of your injury. Doing so might require industry experts, engineers, or scientists to study the product and conduct extensive testing. To further complicate matters, the corporations behind e-cigs may be less than candid about their testing methods or whether or not they were aware of potential issues.
The second potential challenge is that most products are manufactured, distributed, and sold by major corporations. It can be incredibly difficult to get them to respond to you or resolve your claim fairly. In fact, it may not even be easy to determine who is responsible – there may be several different corporate entities involved in the manufacturing and sale of a product.
Finally, e-cigarettes are a relatively new product that have seemingly become popular overnight. As a result, it is likely that the companies producing these devices will claim that they were unaware of the potential risk associated with them.
Despite these challenges, you should not let a business or large corporation stop you from fighting for what you deserve in a product liability page. If you’ve incurred injuries due to a defective e-cig, reach out to Kisling, Nestico & Redick right away.
Contact an Ohio Personal Injury Lawyer Today
At Kisling, Nestico & Redick, we understand the challenges of product liability cases. More importantly, we know how to overcome those challenges so that you can get the compensation you deserve. We have the experience and knowledge to pursue your claim. If you’re suffering after the use of an e-cig, reach out to us today to schedule a free evaluation of your case. Call 1-800-HURT-NOW, or reach out through the online form.