If you or a loved one was injured due to vaping, you may wonder if you have a legal case. With the national media highlighting the dangers of vaping and the subsequent accident that are happening, companies are facing lawsuits from users who suffer injury or severe illness. If you think you may be able to recoup your damages from a vaping injury, here are some things you need to know:
How Can Vaping Hurt You?
Vaping itself has a number of risks even if you do not suffer an injury. In addition to developing an addiction to nicotine and all the health risks that come along with it, you can also risk additional toxic exposure. Even if your vaping liquid does not contain nicotine, they can include different chemicals and particles that can get into your lungs. This can cause major illness or even death.
In addition to illness, vaping can also cause injuries. Some vape pens have been reported to explode or catch on fire. Either of these scenarios can cause major injuries that can impact you for the rest of your life. A vape pen uses a rechargeable battery. There is a button on the pen that initiates the heating component in the pen. Some of these lithium-ion batteries are not regulated as strictly as other batteries. They can overheat and catch on fire even when it is not in use. A fire can happen even if it is just sitting in your pocket.
Can You File a Lawsuit?
If you have been injured due to a vape pen or suffered serious lung injury due to inhaling the vaping liquid, you can file a personal injury lawsuit if you can prove the manufacturer of the vaping pen or the liquid was negligent. You can also recoup your damages if you can prove there is a defect in the product or if you can prove a wrongful act. For help with this process you may want to hire a personal injury lawyer.
What Damages Can You Win?
If you win your case, you can pursue compensatory damages in the form of medical expense payment, lost wages, and pain and suffering. If the injury or illness resulted in death, funeral and burial costs can also be recovered.
There is also the possibility of winning punitive damages. This occurs when the defendant acted in such an egregious or negligent manner that it warrants especially harsh punishment if the court chooses to do so, which can result in a significant amount of money.