E-Cigarette Injury Lawsuit
Electronic cigarettes or e-cigarettes are battery-powered devices that mimic the act of smoking a traditional cigarette and they have become very popular over the last several years. However, the ingredients and lithium ion-batteries used in e-cigarettes create a risk of these devices overheating or exploding, which can result in serious injuries or death.
If you or a loved one has been burned or harmed by a malfunctioning e-cigarette, you may be eligible to file an e-cigarette injury lawsuit to recover compensation. Many lawsuits are being filed on behalf of consumers against e-cigarette manufacturers, seeking relief for financial, physical and emotional losses.
The defective product lawyers at Gordon & Partners are currently investing these kinds of claims. We are prepared to review your situation and discuss your potential legal options during a free consultation. There is no risk or obligation to move forward. For almost three decades, our firm has recovered hundreds of millions in compensation for our clients. This includes $13,500,000 for a victim injured by a defective product. Founding partner Robert Gordon is an active member of the American Association for Justice.
Our consultations are free of charge and there are no upfront fees if you hire us. Our lawyers do not receive payment unless we successfully help you obtain compensation through a verdict or settlement.
Contact our office anytime, day or night, at 1 (855) 722-2552.
Am I Eligible to Take Legal Action?
Many factors are involved in a defective product claim. Our legal team cannot know for certain if you have a case until we evaluate your circumstances, including the injuries you suffered (burns, scarring, etc.), your account of what happened, and existing claims against the manufacturer of the e-cigarette you were using.
After suffering an injury from an exploding e-cigarette, there are a few things you can to do help bolster your claim and give us a better idea of whether you have a case. For example, take pictures of your injuries, save the clothes you were wearing at the time of the accident, and collect witness statements and contact information.
These cases can be complex and time-consuming, which is why you should strongly consider getting in touch with an experienced e-cigarette injury lawyer from our firm as soon as possible to see if you may have a case.
Schedule a free legal consultation to learn more. Phone: 1 (855) 722-2552.
Compensation in an E-Cigarette Injury Lawsuit
Injuries caused by overheating or exploding e-cigarettes can have devastating, life-long effects. If you have a valid case, you may be able to recover various forms of compensation, such as:
- Past and future medical expenses for treatment
- Lost income from any time you were unable to work due to your injuries
- Property damage for the cost of replacing the e-cigarette if it overheated or exploded, or if it damaged other personal property
- Pain and suffering for emotional trauma, mental anguish, PTSD, fear, anxiety and more
Punitive damages may also be available in certain cases. These damages are meant to punish e-cigarette manufacturers for deliberately acting negligently and not taking steps to protect consumers. Punitive damages are also meant to serve as a deterrent to try to prevent others from engaging in the same type of malicious behavior.
Causes of E-Cigarette Related Injuries
A 2015 study published in the American Journal of Medical Case Reports did not identify the exact cause of e-cigarette explosions. However, research has identified several common factors:
Exploding Lithium-ion Batteries
The batteries used in e-cigarettes are one of the primary concerns when it comes to explosions. Lithium-ion batteries powering these devices have the potential to suddenly ignite or explode without warning when an individual is vaping. Some batteries may also be defective.
Another cause for concern is individuals using lithium-ion batteries that have wrappers. Any tear, rip or weak area in the battery wrapping could have dangerous consequences.
According to the U.S. Fire Administration (USFA), out of 195 e-cigarette fires or explosions that occurred between Jan. 2009 and Dec. 31, 2016, more than 30 percent of e-cigarette explosions occurred while the device was inside someone’s pocket. Another 30 percent of these injuries occurred while the device was in use, while another 25 percent happened when devices were being charged.
Liquid or Vapor Overheating
E-liquid is a mixture used in various vapor products, including e-cigarettes, and it usually contains propylene glycol, glycerin, nicotine, flavorings, additives and other contaminants. When e-liquids are subjected to high temperatures, the devices that contain them may overheat or ignite.
The vapor in e-cigarettes has also been known to not properly activate during inhalation. Instead of creating a cool vapor, the device can launch superheated nicotine juice directly into the lungs and chest and cause severe internal burns and injuries.
Reported incidents of e-cigarette explosions include:
- A man from New York suffered burn injuries to his leg when his spare e-cigarette battery overheated and caught fire while in his pocket. The explosion was likely due to a short in the battery.
- A California resident suffered second-degree burns and had a piece of the device lodge in his tongue, shattering his teeth, after an e-cigarette exploded in his mouth.
- A North Carolina man’s e-cigarette battery shorted and caught fire in his pocket, burning a hole through his pants, causing severe burn injuries to the leg that required skin grafts.
- In Texas, a man suffered first and second-degree burns to the leg and hand after the e-cigarette battery exploded in his pocket.
- Also in Texas, a man died of a massive stroke after an e-cigarette exploded in his face and tore his left carotid artery.
Lawsuits Filed and Settlements Reached
Many lawsuits continue to be filed against e-cigarette manufacturers by consumers who have had these devices overheat or explode in their mouths, hands or pockets, causing serious burns and other injuries.
This includes several lawsuits filed in Texas targeting manufacturers of e-cigarette batteries and the vape stores that sell these devices. Other cases are currently pending in Arkansas and California state courts.
These lawsuits claim e-cigarette manufacturers and sellers have failed to address the dangers these devices pose and there has been a lack of warnings to consumers that e-cigarettes contain toxic ingredients and use lithium-ion batteries known to combust without warning.
E-cigarette injury lawsuits have resulted in some victims receiving compensation. These settlements include $2 million awarded by a jury in Gainesville, FL to a man who was seriously injured by an exploding e-cigarette battery and $1.9 million awarded by a California jury to a woman who suffered second-degree burns on her legs, buttocks and hands from an exploding e-cigarette that was charging.
Call Us About a Possible E-Cigarette Injury Lawsuit
If you or someone you love has been seriously injured by an overheating or exploding e-cigarette, you may have a claim against the manufacturers of the device and/or battery. You could be eligible to recover compensation for your medical bills, loss of wages, property damage, pain and suffering and more.
Our firm has been recovering millions for our clients for almost three decades. Contact the legal team at Gordon & Partners for a free consultation to learn more about your potential legal options. There is no risk in calling us and no obligation to hire us. We only get paid for our services if you successfully obtain a recovery.
We are ready to help. Gives us a call 24/7 at 1 (855) 722-2552.