Legal Options After a Vaping Injury
The use of electronic cigarettes, or “vapes” has grown exponentially in the past year. Many Michigan residents made the switch from cigarettes to vapes during the pandemic, believing vaping to be healthier and safer than smoking. While the long-term effects of using a vape are still unknown, some injuries and illnesses caused by vapes have already appeared. Vaping injuries can be severe, leading to hospitalization or even life-long illness or disfigurement. If you or your minor child have been hurt by a defective product such as a vape, you may have options for pursuing compensation. You can start by contacting an attorney.
What Types of Vape Defects Cause Harm?
The first step towards recovering compensation in a products liability case is showing that the product was indeed defective. In Michigan, there are three types of product defects: manufacturing defects, design defects, and marketing defects. All three types of defects can be dangerous for consumers.
Manufacturing defects occur when a mistake is made while the product is being made. Many vapes and vape components are manufactured overseas, where safety standards may not be as firmly enforced as they would be in the U.S. Design defects mean that even if nothing went wrong during manufacturing, the product would still be dangerous because it was poorly designed.
If you were hurt because your vape malfunctioned in some way, one of these first two types of defects is likely the culprit. Vapes have exploded or become unreasonably hot, causing serious burn injuries to users’ faces, mouths, throats, and lungs. Glass components sometimes break or burst, causing severe lacerations. Vapes have also caused sudden and severe pulmonary illness. Some investigation may be required to determine whether these types of injuries and illnesses are the result of design flaws or manufacturing errors.
Marketing defects refer to situations where the product itself functions as it was meant to, but is still unreasonably dangerous because of the way it was marketed. Vapes may lack necessary safety instructions, such as warnings to users to avoid overcharging a device or to hold it a certain way to avoid burns and broken glass. Advertising geared towards minors may be another type of manufacturing defect. Vapes can present a much greater danger to children than to adults. Advertising suggesting that vapes are “safe” or “healthy” is another form of a marketing defect.
Call a Grand Rapids Product Liability Lawyer
If you were injured by a vape, contacting a Grand Rapids product liability attorney is the first step towards recovering compensation. John D. Tallman, PLC, and the experienced attorneys at Tallman Personal Injury are available to meet with you in your home or hospital room if you are unable to come to our offices. Call 616-361-8850 for a free consultation.
Sources:
https://www.oakgov.com/health/information/Pages/E-CigarettesVaping.aspx
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