Electronic cigarette smoking, also known as vaping, is becoming more and more popular globally. Some people think e-cigarettes are less harmful to their health. Others think they are a step in eventually quitting entirely. Many people have simply noticed that e-cigarettes are currently more socially accepted; therefore, they can smoke an e-cigarette in public places which have otherwise banned smoking. All of these are reasons many have switched from traditional cigarettes.
E-cigarettes simulate the experience of smoking, utilizing a device which delivers a nicotine-based liquid that is first vaporized, then inhaled. They run on batteries, which have been known to malfunction and cause injury. If you have been harmed by an exploding e-cigarette battery, you may have a valid product liability lawsuit.
What is Product Liability?
Product liability cases are similar in structure to personal injury cases. In most of these cases, the injured party must prove that their injury was in fact caused by the product, that the product malfunctioned in an unexpected way, and that the manufacturer was at fault for a design defect.
Product liability cases have historically involved a wide range of products. After all, mistakes and design defects can happen in any manufacturing process, and affect any consumer item. Cases have included toys and household appliances, car tires, and prescription drugs. With the rise of e-cigarettes, some of product specific dangers are becoming evident.
How E-Cigarettes Work
A traditional cigarette burns tobacco, releasing nicotine smoke into the air. The user breathes in the smoke, and nicotine travels to the lungs. An electronic cigarette heats a nicotine liquid and converts the liquid to a vapor which is inhaled by the user. In most cases, the user inhales from the cartridge to induce vaporization; though some devices have a vaporizer which is activated with a manual switch.
An e-cigarette has three main parts – a cartridge, a vaporization chamber, and a lithium battery. It is the battery which is causing concern. The battery powers the e-cigarette and can be charged using a charger similar to those used for cell phone batteries. There are several situations which may see this battery unexpectedly exploding:
- Lithium-ion batteries require a protection circuit, which can short out and flare up. This has caused significant harm to people, often when the cigarette was in a pocket and not even being smoked.
- Lithium-ion batteries can exhibit erratic functioning after prolonged exposure to very hot temperatures.
- Unlike other designs, twistable vape pens charge without removing the battery component. This type of e-cigarette is at a higher risk of exploding or detonating. Removable batteries are safer than built-in models.
- Four out of five e-cigarette explosions have been connected to issues with charging the battery. In these cases, the battery was often a different model than what originally was included with the device.. If you are replacing an e-cigarette battery, stick to reputable, American companies rather than cheaper foreign suppliers.
Can You File a Product Liability Case Involving an E-Cigarette?
Any defective product which causes harm may be involved in a product liability case. The percentage of injuries involving vaping has been very low based on the wide usage. However, the Tobacco Vapor Electronic Cigarette Association has now admitted that there have been problems with these specific products.
If you have suffered an injury from an electronic cigarette, call a personal injury/ product liability lawyer to determine if you have a case. The attorneys at Probinsky & Cole are here to help Tampa and Sarasota residents sort through all their questions regarding any product liability issue, and to get you the money you deserve.
