In recent years, vape pens, e-cigarettes and or electronic cigarettes have become more popular in New Jersey as well as the rest of the country. Unfortunately, vaping and e-cigarette use has also resulted in a variety of serious injuries. In some circumstances, vape pens or electronic cigarettes have caught fire or even exploded and caused injury to the user. Additionally, since the risks of using these products have not been disclosed to consumers, many individuals have suffered serious illnesses and devastating conditions such as lung damage and disease from vaping. Those who have been harmed by e-cigarettes are now seeking justice and compensation through vaping lawsuits. If you have suffered harm because a company failed to warn about the possible risks or side effects of e-cigarette use, or you were injured by a defective vape device, you may have grounds for a claim. While it may be difficult to put a price on the negative impacts that electronic cigarettes have had on your well-being or that of a loved one, damages can compensate you for medical expenses, lost wages, pain and suffering, and other losses from your injuries. If you or someone you love has been injured as a result of vaping, contact our highly knowledgeable New Jersey vape attorneys. Our attorneys will take the time to meet with you and discuss your vaping injury case and all of your legal options. We are here to provide you with a free consultation anytime. Simply call (732) 303-7857 or contact us online today.
What is a Vaping Injury Claim?
If a vaping product causes injury to a person, the injured individual may file a civil lawsuit or what is known as a product liability lawsuit. A product liability lawsuit is a claim filed against the manufacturer of a product that typically alleges either a failure to warn or some type of inherent defect in the product. An inherent product defect can include any aspect of the product that renders it defective, including the design, manufacturing, or marketing. Failure to warn applies to cases in which the company selling the product failed to warn the user about the potential dangers. Since there are numerous types of injuries caused by electronic cigarettes, a vape injury case may involve failure to warn or product defects, depending on the circumstances.
Some individuals have suffered burns, skin damage, severe facial injuries, and bone loss due to e-cigarette explosions. Others have been unsuspectingly exposed to harmful toxins and chemicals associated with cell damage, cancer, lung conditions, and heart disease. Since there is potential harm that may be caused by using e-cigarettes, an effective lawsuit may allege that the manufacturer had a duty to warn consumers of the risks of using their products, but failed to do so. On the other hand, if a vape pen is exploding and causing severe injuries or even death, there is an inherent defect within the product. The explosion of a device is not a hazard which can simply be warned of, so this type of case would not typically include a failure to warn aspect. If a product is prone to explosion, which can cause severe injury or death, this makes the product not fit for any type of use. Therefore, the problem must be remedied or the product must no longer be sold to the public.
What is Known about Vaping Safety?
The health effects of e-cigarette use have only recently been studied by researchers. State and federal agencies are also investigating the dangers of vape products after serious illnesses and lawsuits filed by vape injury victims have come to light. Multiple studies have found that vaping exposes a person to the same risks as traditional nicotine products. Research conducted by the University of California reports that there are serious risks associated with vaping among teens. Specifically, nicotine is present in most vaping products and it can be lethal if consumed in high
doses. The University notes that researchers have found an association between adolescent addiction to nicotine and lower levels of activity in the prefrontal cortex. The prefrontal cortex controls, among other things, cognitive behavior, expression, decision making, and social behavior.
Even in the absence of nicotine, research has found that electronic cigarettes may contain toxic substances and carcinogens known to increase cancer risk. Studies have found a number of carcinogenic substances contained in e-cigarettes, which are often used to generate the effect of smoke from vaping. For example, glycerin and propylene glycol – both harmful chemicals – may be present in vaping pens to create the smoke effect. Researchers also identified 6 toxins in the urine of teens who vape. Specifically, benzene, ethylene oxide, acrylonitrile, acrolein, and acrylamide were identified in the study participants’ urine, regardless of the presence or absence of nicotine.
The U.S. Surgeon General warns that these and other chemicals enter the lungs and bloodstream through vaping, potentially causing cancer, lung disease, and serious conditions such as popcorn lung. Further, researchers found in one controlled study that those who vape were more likely to have two heart-related risk factors than those that do not. In fact, they found that individuals who vape have the same cardiac risk factors as those who smoke. Despite all of these and other risks, vapes have been available on the market without warnings about safety from the companies selling these products, and countless people may have been harmed as a result.
What are the Potential Harmful Effects of Electronic Cigarettes?
Some of the potential risks and damaging health effects of vaping and e-cigarette use include:
- Lung Damage
- Lung Disease and conditions such as popcorn lung
- Cardiovascular Disease
- Heart Attack
- Cell Death and DNA damage in the mouth, nose, and other areas
- Nicotine Addiction, which may be particularly harmful to the adolescent brain
- Other Cancers
E-cigarettes have also caused severe injuries including burns, bone loss, tissue damage, and even death when explosions occur. These explosions have been known to happen while people are using or simply in possession of vaping items.
The only way to totally protect one’s health is to stop smoking. However, it is possible to obtain just compensation for your ongoing medical care and other losses if an unsafe vaping product was erroneously marketed to you.
What Damages can be Obtained for Vape Injuries?
If the person who is injured by the vape is able to establish that the vape was a dangerous product, the plaintiff will be entitled to damages for his or her injuries. Damages include compensation for pain and suffering, as well as any economic losses that the injured person may have suffered. For example, pain and suffering damages will include compensation for the physical pain and harm that burn injuries cause. Similarly, pain and suffering may compensate an e-cigarette injury victim for the emotional and mental harm of becoming addicted to nicotine, having damaged relationships because of behavior changes or issues functioning socially, or the strain of having a serious illness. Economic damages may include money for time lost from work, medical bills for past and future treatment, and other financial losses associated with your injuries..
Are there Regulations for Vaping Products?
Vaping and the use of e-cigarettes have become increasingly popular among teens and adults. With the increase in market demand comes a related increase in a variety of products flooding the market. Unfortunately, the boom in this market has not been coupled with additional requirements by the FDA to effectively regulate the safety of these products. While the FDA has enacted some restrictions, such as the ban on sales to minors, it has not taken substantial steps to protect the public from the potentially harmful effects of vaping.
Those who have been detrimentally impacted e-cigarette use may be able to sue the manufacturers of vape and electronic cigarette products. Vaping lawsuits can provide financial compensation to those who suffer injuries, as well as to generate change overall. Often, lawsuits bring awareness to potential health issues caused by dangerous and defective products, thereby influencing public demands for reform. This may bring about beneficial changes in state and federal laws and compel further regulation of a harmful product’s marketing and manufacturing. The most important thing to know as a consumer is that vaping products are under intensive scrutiny for potentially causing adverse health outcomes. Moreover, those who have been injured by vape pens and e-cigarettes can pursue claims against product manufacturers for damages. If you have suffered harm from vaping, you seek knowledgeable legal counsel about the options that may be available to you.
Contact an E-Cigarette Lawyer for Help with Your Case in NJ
If you or someone you know has been injured as a result of a vaping, call our New Jersey personal injury lawyers day or night. Our attorneys represent individuals who have been harmed by using electronic cigarettes and defective vape pens in all New Jersey counties and cities, including Monmouth County, Ocean County, Middlesex County, Atlantic County, Union County, and Morris County. Our experienced e-cigarette lawyers in NJ offer a free initial consultation 24/7. If you decide to enlist our help with your vaping injury case, our firm will not be paid a legal fee unless we successfully recover monetary compensation on your behalf. Call us today at (732) 303-7857 for a no cost, no obligation consultation. We can help.
- Adolescent Exposure to Toxic Volatile Organic Chemicals From E-Cigarettes, Pediatrics
- Evaluation of e-liquid toxicity using an open-source high-throughput screening assay, PLOS Biology
- E-Cigarettes Linked to Heart Attacks, Coronary Artery Disease and Depression, American College of Cardiology
- National Academies of Sciences, Engineering, and Medicine Review of Public Health Consequences of E-Cigarettes
- Surgeon General’s Advisory on E-cigarette Use Among Youth