Can I Sue if E-Cigarette Explodes?
Hi, I’m Indiana personal injury attorney David Holub.
This video responds to a question from a caller whose son was injured when an e-cigarette exploded.
The injuries were severe, and she wanted to know what, if anything, could be done legally.
Exploding e-cigarettes or electronic cigarettes have resulted in several lawsuits.
Explosions can occur with the battery hooked to a charger. Or when the device is tucked into a pocket. Or when the device is positioned in the mouth as a cigarette.
These explosions have been linked to faulty e-cigarette products, defective lithium-ion batteries, and insufficient user warnings.
The explosions have caused permanent injuries.
Some e-cigarette injuries have been so severe as to require hospitalization.
Injuries can include second-degree and third-degree burns.
Trauma to hands and fingers and severe head and facial trauma have resulted from explosions.
Burns and lacerations caused by shrapnel are common as well.
Facial injuries have included loss of vision and mouth injuries with damage to teeth, lips, and tongue.
Moreover, inhaling vapors, via what’s called vaping, may itself result in the inhalation of dangerous substances, such as metal particulates.
Cases have been filed against several manufacturers of the lithium-ion batteries involved. So the battery manufacturers may share liability with the e-cigarette product manufacturer.
So definitely, there are many legal options available.
The prime focus for the attorney will be product liability laws.
These laws involve inadequate warnings, design defects, and manufacturing defects.
A possible defense to a product liability suit could be unforseeable product misuse.
I hope you found this information helpful. If you are a victim of someone’s carelessness, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com. We also invite you to subscribe to our weekly podcast: Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.