When a consumer purchases e-cigarettes, they assume that product is relatively safe or that they at least are aware of all the potential dangers inherent in said product. This is ensured by the establishment of strict liability laws, which hold sellers or manufacturers responsible for any unforeseen danger their product puts consumers in. No matter how careful a company was in their actions, the production of a harmful or dangerous product should result in that company taking financial responsibility for the injury or damage. If you have been injured from a product, make sure you contact a product liability lawyer.
Las Vegas Product Liability Attorney Explains Injuries Related to E-Cigarettes
Product liability is a form of legal cases for defective products. Unfortunately, these cases are relatively common and cover all areas of products, from cars to children’s toys. For example, defective batteries in e-cigarette products have been known to explode, even when they are not in use. This has resulted in injuries as severe as third degree burns, permanent disfigurement, and even comas. If you have been involved in an e cigarette explosion make sure to call Harris & Harris today.
What is a Defective Product?
A defective product is defined by the state of Nevada as a product that has caused significant injury or property damage when used as intended or within a reasonable scope of expectation. There are generally three areas in which a product may have become defective:
Some products are simply poorly designed. A flaw in the blueprints of the product will have an equal likelihood of affecting any product placed onto the market. An example of a design flaw is the confusing gear shift of the Jeep Cherokee that famously resulted in the death of Star Trek actor Anton Yelchin.
Manufacturing defects include an actual problem with the way in which the product was created say, on the assembly line, or at any point before the product is purchased by the customer. This would include a metal swing set with a link that is rusted and corroded before being purchased.
Failure to issue proper warning
Any product that may possibly cause harm and has no warning of such danger can be considered defective in its failure to issue proper warning. This includes cleaning products that may cause dangerous vapors when combined with ammonia products.
Sometimes manufacturers will try to place the blame on the distributor or retailer for a defective product. It is important to determine which link in the production chain is to blame as that is the entity responsible for injury or damage. A Las Vegas Nevada personal injury attorney can help determine this.
Nevada Defective Product Cases
The instructions given to jurors in defective product strict liability cases are as follows:
“Although manufacturers are not insurers of their products, where injury is caused by a defective product, responsibility is placed upon the manufacturer and the distributor of the defective product rather than on the injured consumer.”
There are three requirements to prove a case under strict liability rules:
- The defect made the product in question “unreasonably dangerous”
- The defect existed at the time the product left the manufacturer or distributor
- The injuries sustained by the plaintiff were caused by the defect of the product
Similar to hoverboards and the Samsung Galaxy Note 7, e-cigarettes have been reported to explode without warning and when not in use throughout the United States and the world. These explosions have resulted in very serious injuries. If you have been injured, you must contact a Las Vegas Nevada personal injury attorney. The cause of these explosions may be due to any of the following:
- The rechargeable lithium-ion batteries – According to FEMA (the Federal Emergency Management Agency), the shape and design of e-cigarettes can make them more likely to explode than other products with lithium-ion batteries as they are positioned near heating elements.
- Faulty manufacturing
- Insufficient warning or directions
E-Cigarette Injury Lawsuits
Individuals who have been harmed due to e-cigarette malfunctioning have filed personal injury and product liability lawsuits against manufacturers, retailers, supplies, and other third parties. Experienced users as well as novices are being harmed simply by possessing this product. Beginners may not understand exactly how the product should be used or the product’s potential dangers and thus may be under-informed. Less expensive models are being sold, which are even more likely to result in injury as less cost has gone into their design and production.
If you or a loved one has been injured or incurred property damage due to the malfunctioning of an e-cigarette, it is important to contact an experienced Las Vegas Nevada personal injury attorney to help you get the compensation you deserve.
Product Liability Lawyer in Las Vegas
Getting injured from a product defect can alter your life in unimaginable ways. At Harris & Harris Injury Lawyers, we’ve had over 15 years of handling a variety of personal injury cases. Contact Harris & Harris Lawyers online or call (702) 384-1414 or toll free 1800 393-2350. Your consultation is free.