E-cigarettes have emerged as a popular alternative to traditional cigarettes. Created by a pharmacist in China, they offer a less toxic method for ingesting nicotine, compared to traditional cigarettes. A liquid solution containing propylene glycol, water, flavoring, and nicotine is heated, producing the vapor.
Although the companies that manufacture e-cigarettes and the many available accessories claim that they are a safe alternative to smoking, the U.S. Food and Drug Administration has yet to back that claim. In fact, the federal agency has proposed banning the sale of e-cigarettes to minors and is in the process of requiring companies that make these products to place warning labels on them. Additionally, the Centers for Disease Control have stated that there should be more regulations limiting the sale and advertising of these products to minors.
Beyond the health implications, there are concerns regarding whether the devices are safe. A recent article described one incident in which an individual was using an e-cigarette when the battery inside it exploded, causing him to suffer third-degree burns. Although the incident occurred over one year ago, the individual is still experiencing damaging effects and requires daily treatments and care.
Injuries associated with e-cigarettes are becoming more common, and users face serious consequences if they are involved in an incident. According to one expert who recently presented at the American Burn Association annual conference, the battery can explode with enough force to cause permanent damage to the face, mouth, and teeth. An informal poll of information collected from roughly 20 burn centers throughout the U.S. indicates that there have been nearly 300 recent burn cases associated with e-cigarette malfunctions that required hospitalization. Due to the risk of explosion, the Federal Aviation Administration has also banned passengers from transporting e-cigarettes in checked baggage.
There have been many other reports of explosions that led to other devastating injuries. For example, a man in Arizona was recently involved in a car crash after his e-cigarette exploded while driving. If you have been injured as a result of an e-cigarette malfunction, you may be entitled to compensation. When it comes to dangerous products, there are several causes of action that an accident victim can assert. First, the plaintiff can bring a strict product liability claim, which requires him or her to show that the device was designed in an unreasonably dangerous manner. This includes failing to provide appropriate warnings with the device. The plaintiff may also assert a negligence cause of action. In general, manufacturers have a duty to use reasonable care when designing, manufacturing, marketing, and selling their products.
At Moll Law Group, we have assisted many victims throughout the U.S. with seeking compensation after suffering an injury due to a dangerous and defective product, including residents of Texas, Illinois, New York, and Florida. We are actively investigating claims involving e-cigarettes and are prepared to help you determine the scope of your legal rights. We offer a free consultation to discuss your situation, so call us now at 312-462-1700 or contact us online to get started.