E-cigarette giant Juul Labs, Inc. is facing significant legal fire, after a string of mysterious vaping-related deaths took place throughout the summer of 2019. With an estimated 805 vaping lung illness cases reported as of September 26th, it’s safe to say that Juul and the other e-cigarette companies will be dealing with consumer litigation for several months and even years to come. But how can you tell whether you’ve been afflicted by a vaping injury, and how can you pursue a legal claim for your losses? At Williams DeClark Tuschman Co., L.P.A., our personal injury and product liability lawyers will assist you with creating a customized case strategy, using our knowledge of defective product law. If you’re not sure how to proceed after a Juul-related injury, we’ll act as your committed advocates and help you seek appropriate compensation. In this post, we’ll discuss the most common justifications for bringing a lawsuit against Juul – and review how the civil legal process works for defective product claims.
What Are the Effects of Vaping?
Because e-cigarettes are so new, it has been difficult for researchers to truly study the negative effects of vaping on the human body. Even with the influx of vaping-related diseases, scientists are unsure about the exact cause for injury. While some experts believe these injuries are specific to vaping THC in oil form, others think that vaping in all forms can introduce dangerous chemicals into the lungs and bloodstream. Of course, it’s indisputable that e-cigarettes contain high doses of nicotine: The same addictive substance that can be found in traditional tobacco products. Compared to conventional cigarettes, however, Juul e-cigs pack a much more powerful and efficient punch, with a single flavored Juul “pod” clocking in with the same nicotine dosage as a full pack of cigarettes. Where most cigarettes have a nicotine concentration that maxes at 2%, Juul pods also provide a hit of 5% nicotine in each puff. Additionally, by creating fruity flavor options like mango and cucumber that leave no unpleasant traces on the user, companies like Juul have caused serious nicotine dependency to develop in many adults and even teenagers. As of 2019, more than 16% of all 12th graders have used an e-cigarette device within the last month.
The Most Common Grounds for E-Cigarette Claims
Between high doses of addictive nicotine, a tendency to spontaneously combust, and the mysterious vaping disease sweeping the nation, e-cigarettes are facing up to a significant amount of public scrutiny and frustration. When filing lawsuits, most consumers have focused on the defective aspects of these products, ranging from basic e-cigarette design to the marketing tactics of the e-cigarette companies. This places most claims squarely in the realm ofproduct liability law, which is perhaps one of the most complex areas to navigate. Here are a few of the most common reasons for bringing an e-cigarette lawsuit:
- “Popcorn lung,” asthma, and other vaping-related respiratory injuries
- Wrongful death caused by the 2019 outbreak
- Burn injuries sustained during an e-cigarette explosion
- Chemical burns from faulty battery and cartridge design
- Nicotine addiction due to lack of product warnings
- Teen nicotine usage due to deceptive advertising practices that targeted teens
Taking a Stand Against Corporate Negligence
In order to prove a product liability claim, you must be able to demonstrate that a company committed negligence with either the design, manufacturing, or labelling of a given product. Furthermore, it needs to be established that the executives and agents should have known about the injury risks – and that they had a “duty of care” to correct defects before they reached the average consumer. Our lawyers at Williams DeClark Tuschman Co., L.P.A. are well-versed in this area of the law, and we’re ready to face down major corporations on behalf of our clients. While strict liability claims can be challenging, we’re always up for a challenge and a chance to apply our 100 years of experience in the courtroom. If you’ve been left with debilitating, painful injuries because of a defective e-cigarette, our attorneys will stand by your side. Contact our firm today at (419) 719-5195 for your free consultation.