E-cigarettes are a handheld product powered using a battery designed to make smokers feel recreational when smoking. It does so by heating the liquid in it. The liquid is made of propylene glycol, nicotine, glycerin, and flavorings, which, when heated, it turns into vapor, which is inhaled instead of smoke. Since a battery powers the e-cigarettes, it means they can overheat, causing fire explosions. E-cigarettes are gaining popularity in the US, as many people are now turning away from using traditional cigarettes to purchase e-cigarettes. They are used as an option to help them quit smoking traditional cigarettes. The reason being, e-cigarettes are less addictive and are safer than traditional cigarettes. E-cigarettes do not produce smoke that longtime smokers find appealing. The fact that e-cigarettes do not produce smoke, it makes it easy to quit smoking. Although e-cigarettes are considered safer, they are associated with explosions, dangerous because of severe injuries.
There have been cases that the batteries are exploding after catching fire. Most of these cases have not been reported because the victims do not know who to press charges against. The California law protects you and other victims from injuries caused by an e-cigarette. The law, therefore, allows you to file a class-action lawsuit against the manufacturer of the e-cigarettes. If an e-cigarette has exploded on you or a loved one, you can file for compensation for the injuries inflicted on you. To have your claim compensated, you need to hire an attorney to take you through the class action lawsuit process. The lawsuit will help you and other victims build a strong defense against the manufacturer of the e-cigarette and receive fair compensation. Get in touch with Consumer Alert Now to understand how you can join a class action today.
Legal and Safety Standards for E-Cigarettes
E-cigarettes became popular products in the recent past as an alternative to traditional cigarettes. E-cigarette safety and design have not yet been tested to ensure safety standards. The reason being, currently, there are no states or federal regulations that regulate the product. The manufacturing industries, therefore, have no motivation to have the quality of e-cigarettes improved. During their manufacturing, there are very few quality control measures that exist for e-cigarettes. Their batteries are also of poor quality, and some are defective. The low quality contributes to explosions that often happen. E-cigarettes are mostly consumed by young people where they do not take any safety measures to protect themselves. Therefore, they are exposed to the dangers and risks of injuries and fatalities in the worst cases.
Why do E-Cigarettes Explode
E-cigarettes have three components, a cartridge, a power source, and a heating device. When you puff, you activate the battery, which heats up and makes the liquid vaporizer. The e-cigarettes explode during their use, others when charging, and others during transportation. There are others whose batteries explode, leading to injuries, and in severe cases, leading to death.
E-cigarettes can explode when the battery overheats. The battery contains a flammable portion that ignites at a certain temperature causing the ignition. Just like any other batteries, the e-cigarette battery has limitations for temperature use. There is a certain temperature that leads to the risk of explosion and keeps the device safe. Low quality e-cigarette batteries can also lead to an explosion. If the battery is poorly manufactured, it will fail at some point. The reason that makes the e-cigarettes explode is:
- The manufacturing of the battery was not accurate.
- The mechanical mode of the e-cigarettes, where they were manufactured without the cutouts and safeguard.
- Lack of knowledge on battery use. For example, the batteries are not to be exposed to direct sunlight or extreme conditions.
- Using the e-cigarette in a way that is not intended for by the manufacturer. For example, you may use the e-cigarette battery in a different device. That may lead to internal failure of the device, which you may be risking an explosion.
Why do E-Cigarette Batteries Explode
E-cigarettes use lithium batteries that can be charged. Therefore, they do carry a higher voltage than typical batteries. The batteries have a heating element which, during charging, may cause short-circuiting leading to explosions. Many battery exploding cases when charging is on the rise because many people do not know how to use and charge them. Another reason why batteries explode is that there is no warning of the dangers and risks of e-cigarette batteries. Manufactures sometimes produce inferior quality products and fail to test them before launching them to the markets. Inferior quality products may explode at any time when it comes into contact with things like coins. Ways to prevent E-cigarette Explosion
There are some safety precautions and ways you can use to prevent sustaining injuries due to the use of the e-cigarette. They are:
- Testing the mechanical mod device in case of power draw
- Charging your e-cigarette on a clean surface that has no item that can catch fire easily
- Using the battery that is recommended for your e-cigarette
- Not leaving the battery unattended when charging.
- Not leaving the battery in a low state where it remains for a long time without the charge.
- Replacing the test battery regularly.
- Avoiding exposing the e-cigarette batteries in extreme conditions
- Testing the battery charger to ensure that it is compatible with your e-cigarette battery
- Determining your battery capacity in terms of the power it can hold and for what period
- Ensuring that testing the discharge rate is tested
- Determining the maximum discharge rate
- Avoiding the battery from coming to contact with each other and
- Avoiding mixing the batteries in your e-cigarettes
Injuries You May Sustain from E-Cigarette Explosion
E-cigarettes are commonly used and put in pockets by most users. Therefore, four parts are commonly injured if it explodes. They are the hands, genitals, thighs, and the face. The common injuries you may sustain after an e-cigarettes explosion are:
- Broken or missing teeth
- Lacerations to the eyes, mouth, face, and hands
- Damaged or broken jaw
- Facial disfigurement
- Burns are caused by chemicals or flame.
- Traumatic brain injuries
- Loss of sight
- Spinal injuries leading to paralysis and
- Loss of the sense of hearing
Through the legal process, you are eligible to compensate for the injuries and the expenses you will have incurred to recover. You will receive compensation for economic and non-economic damages. Therefore, you will receive compensation for:
- Pain and sufferings
- Lost wages
- Loss of capacity to earn
- Treatment and medical costs
- Transportation costs and
- Any other cost incurred during the recovery period
How to Report an E-Cigarette Explosion
When you report an e-cigarettes explosion, three are essential information that you should not leave out. The information should not be left out when filing for a battery explosion is:
- The name of e-cigarettes manufacture
- The brand name, serial number, and model of the e-cigarettes
- The model and brand name of the battery
- The place where you purchased the e-cigarettes
- Whether you used the product differently other than the intended purpose
- Whether the e-cigarette had any form of modification
Filing a lawsuit requires an experienced attorney to avoid making mistakes that may make you lose the case. If the explosion of the e-cigarettes injures you, you can file different types of lawsuits to have you compensated. With the help of an attorney, it will be easier to file and have the case settled. The types of lawsuits you can file are:
- Class action lawsuit. It is a type of lawsuit that many people who have similar injuries come together to press charges against one defendant. Consolidation of the case makes it stronger, and it, therefore, becomes easy to prove the party liable for your injuries.
- Personal Injury Lawsuit. It’s whereby, as an individual, you file a petition to get compensation for the injuries caused to you.
- Wrongful death lawsuit. It’s a case where if a family member dies as a result of an injury, say an e-cigarettes explosion. You will file a petition to get compensation to cover the burial expenses.
Lawsuits involving e-cigarettes can be settled in two ways; in a court or out of court. If you and other victims want to have your case settled out of court, you and the liable party agree on the amount you should receive as compensation. With the help of an attorney, you may have the case settled very fast. However, you may end up receiving compensation, which is low that what you would have received if you went through the legal process. If your case goes through the legal process, there are processes that you will go through to have it settled. Filing for compensation through the legal way, you will get fair compensation if your attorney presented enough evidence to prove that the manufacturer should compensate you for your injuries.
Filing a Class Action Lawsuit
Most e-cigarettes usually catch fire and explode during these or when charging, leading to severe injuries and property damage to you. E-cigarettes explosions have caused injuries that range from second degree burns to life-threatening explosions to many people. Explosions are caused due to the manufacturer using poor quality batteries and also leaving out the option of overcharging technology. When you and other people get injured when using the e-cigarette, you can file a class action lawsuit together with other victims against manufacturers, distributors, and retailers, for selling dangerous and defective products. Working with an attorney who understands the class action legal process will help you in different ways. The legal class action process follows the following steps:
Determining the Type of Lawsuit to be Filed
Your attorney will start by identifying if your case and other victims are qualified to be filed as a class action. The attorney will do that by:
- Identifying the number of people with similar injuries as that of yours. The reason being, there is a minimum number of people who can have their case filed as a class action.
- Whether the lawsuit is already filed, in the lawsuit, your allegations and other victims should be the same to make the investigation process easy. If the lawsuit is not filed, the attorney will help you do so under the time limit allowed to file a petition.
- Doing thorough research on previous cases concerning the same to determine if the settlement was done. That will give your attorney an idea of how best to go about the case to ensure it goes as expected.
- Ensuring that the defendants are not shielded from taking responsibility for your injuries and that of other victims.
- Determining whether your case will be filed as an injury lawsuit or a class action.
Filing a class action lawsuit is essential because the cases are tried as a single one, and settlement is done for all at the same time. However, some elements should be fulfilled to ensure that your case qualifies as a class action. They are:
- Typicality — It means that the names of you who have filed the class-action lawsuit are those who have a charge to press against the liable party. For example, suppose an e-cigarette exploded to 20 of you. In that case, the names listed in the lawsuit should belong to the twenty people, and no other person should be included to benefit from the settlement to be made, if any.
- Adequacy — Adequacy means that if you and a few others choose to be the representatives, you should equally represent those who are not present during the trial but are among those who have filed the lawsuit. The judge will look at whether the representatives and those absent have similar injuries to ensure that they make the right ruling for all.
- Numerosity — The court will look at the practicality of a certain number of people being injured similarly, say by the explosion of an e-cigarette. If there is impracticality, the judge will not continue with the trial as a class action, but you will have to file your injury claim. If it is practical that injury would have happened to many, the judge will consider the lawsuit as a class action. Since it may be challenging to locate all the members, those who can be contacted will file the lawsuit, attend the court proceeding on behalf of the others, but they will only receive their compensation.
- Commonality — For a case to qualify as a class-action lawsuit, the class members must have a common fact. The reason being, if the settlement is to be made, it will be made equally to every member of the class. Therefore, it is essential that you show a common question for everyone else involved in the lawsuit if you are among the class representatives. If you fail to show commonality to the judge, then the case will fail as a class action, and each will have to file your case. Filing a single case against one defendant, say a manufacturer, it will be challenging to gather the relevant information to prove the liability.
If your attorney finds it necessary to file the lawsuit as a class action, complaints will be drafted. The complaints are a form of document that describes your case's facts and the damages to be sought. The complaint also describes the individuals to be covered by the lawsuit.
Certifying the Victims
After your attorney helps you file for the class action lawsuit, it does not mean that the process will go through. The judge has to review the allegations, people involved and decide if the case will be tried as a class action or an individual trial. He or she will also look at the similarity in the victims' allegation, if the injuries were caused in a similar war, and if the victims have the same legal interest.
The Discovery Process
Discovery is a step in the trial process whereby your attorney gathers information to prove the other party's liability. The attorney will do so by requesting the manufacturing company’s documents. The documents will then be used as proof of the allegations made against the company. The deposition of individuals will also be conducted to identify the circumstances and events that led to the injuries.
In many cases, the settlement is done without going through the legal process. The parties involved agree on the amount to compensate for the victims' injury. Suppose your case is settled without the court process. The manufacturing company will compensate you for the agreed amount. Still, the amount you have received as compensation will have to be approved by the judge. The judge is involved in this process because they have to ensure that you receive fair compensation.
If your case doesn't settle before the trial, then it goes through the court process. During the trial, if you are the one who initiated the transfer, you will be called upon to testify. The rest of the victims will be called to give testimony regarding the case. If your attorney presents enough evidence to prove the manufacturing company's liability, then the case is settled. If not, another judge is given a task to either rule for or against the class.
Issuance of Notification
After the trial, your attorney will give each of you a notice informing you about the settlement. The notice also contains the allegations of the lawsuit and the people who will receive the compensation. Your attorney will issue the notice once the case has been resolved. Therefore, you and other victims should collect your compensation. Suppose some of you do not collect the compensation. It is given back to the defendant, donated to a non-governmental organization, or shared among those who collected their compensation.
It is sometimes challenging to settle a class-action lawsuit because each member has their share of suffering. Those with severe injuries may expect to receive more than the others. Therefore, some members will fail to collect compensation if the defendants involved are more than one. It can also be a challenge to conclude the case. The defendants may fail to agree on the amount to compensate the victims.
Therefore, the trial process can take longer than expected; a good reason to hire an attorney who well understands the process followed for a class action to be settled and knows how well to make the process a bit shorter.
Side Effects and Eligibility for E-Cigarette Explosion Lawsuits
The FDA set regulations and standards that the business should meet to manufacture the e-cigarettes. The regulations targeted the manufacturers, and those, whose intention is to package, label, import, promote, and sell the e-cigarettes. Some of the restrictions imposed include not selling e-cigarettes to under the age of 18, providing documentation for tobacco health, and posting statements that warn users of the potential risks.
Studies show that e-cigarettes are healthier than traditional cigarettes. However, they pose certain risks to users. E-cigarettes have not been in the market for long, so it may not be easy to understand their long-term effects. If you suffer emotional, physical, or financial harm due to the use of an e-cigarette, you are eligible to file a lawsuit. There are some symptoms associated with the use of an e-cigarette. They are:
- Shortness of breath
- Chronic bronchitis
- Breathing problems and
Join a Class Action Lawsuit Near Me
E=cigarette explosion can make you suffer severe injuries. Apart from the severe injuries, you may also lose your job, miss work, and suffer emotional and physical pain. The injuries and suffering can lead to you spending a lot in financial terms. To cover the injuries and expenses, you and other victims need to file a class-action lawsuit with a qualified attorney's help. Get in touch with Consumer Alert Now at 800-511-0747 for help in joining a class-action lawsuit.