Love them or hate them, electronic cigarettes (commonly referred to as e-cigarettes) have become a movement for smokers weaning themselves off of traditional cigarettes, those looking for a smoking alternative in cities that now rarely allow cigarette use and, unfortunately, a younger generation of smokers attracted to the various flavors and attractive, futuristic aesthetic of many of these devices. Though we will not be focusing on the safety of e-cigarettes in reference to lung health risks, we will examine another, very real danger that you may not have considered.
In multiple reported incidents around the world, e-cigarettes have exploded while charging and, most dangerously, even while in the user’s mouth. As a relatively newly popularized piece of tech, it is vital to understand how negligence works when the safety of e-cigarettes comes into question. One case making headlines out of Miami is the perfect example of what making a case against a defective e-cigarette would entail.
Negligence Case Against E-Cigarettes
- The user of the e-cigarette utilized the device as intended, yet still suffered injuries.
- The device did not warn of the potential danger of explosion when used as it was intended.
- The injured party claimed that he would not have purchased or used the product if he was adequately warned of this risk.
- The claim of negligence is not only to the e-cigarette manufacturer, but the individual business selling these products.
Though this case is still ongoing, one woman out of California won a similar case on the basis of product liability, emotional duress, loss of consortium and negligent product liability.
As we see these devices more commonly used, chances are, we will also encounter more incidents of these dangerous malfunctions. What you can do to safeguard yourself and your family is simple: do not use a product that you do not trust. The same can be said for any product you bring into your home. This danger closely resembles that of the recent hoverboard craze, which led to multiple house fires due to defective batteries. In either case, you must do your due diligence by researching the product in question or simply deciding to not buy one. Trying out a new fad is not worth serious injury or potential property damage.