Who Can Be Held Liable for E-Cigarette Illnesses?
E-cigarette companies, such as Juul, have a tendency to market their e-cigarettes to teenagers, effectively contributing to the epidemic of youth vaping. Nora D. Volkow, M.D, director of the National Institute of Drug Abuse, has stated that teens are drawn to these e-cigarettes due to their marketable technology, as well as the offering of multiple attractive flavors. She urges that teens understand the negative health effects of vaping, as well as its high potential for addiction.
It seems that Juul and other e-cigarette companies are taking a page from big tobacco’s playbook to develop a marketing strategy that portrays e-cigarettes as trendsetting, youthful, and cool. Juul even developed brand-targeted terminology like “Juul-ing” to refer to vaping with a Juul product.
The Impact of Vaping
In August, health experts identified a link between vaping and lung problems. According to the Center for Disease Control, the number of people with a lung problem associated to vaping has risen to 1,080. The Center for Disease Control advised that teens and pregnant women should never use an e-cigarette, and non-smoking adults should not start vaping. Despite this statistic, vaping rates have been on the rise in adolescents. The National Institute of Drug Abuse reports that 37 percent of 12th graders have vaped within the last year.
Determining Liability for Vaping Injuries
With the increase in vaping across the country, there has also been an increase in vaping-related injuries and worsened health conditions. Although e-cigarettes are advertised as a healthier alternative to smoking cigarettes, companies who manufacture these products may be held liable for causing injury to users.
One of the more common injuries associated with the use of an e-cigarette is an explosion that may cause severe burns and lacerations. Additionally, cases of popcorn lung—a condition that damages the lungs—have also been reported. Some of the injuries claimed in an e-cigarette and vaping cases include:
- Lung or Respiratory failure
- Lung Problems
- Nicotine Poisoning
- Burns from explosion
- Other Complications
An e-cigarette company like Juul may become liable when they place a defective product into the hands of a consumer. Furthermore, deceptive marketing could also be the grounds for a civil claim, based upon Juul’s statements about their product’s “safer” smoking experience. For the courts to rule in favor of the plaintiff, the plaintiff will have to prove that the e-cigarette caused injury or a loved one’s death.
Pursuing a Legal Claim Against Juul
Currently, The Whitley Law Firm is filing lawsuits on behalf of teens who have become addicted to e-cigarettes as a result of highly targeting marketing campaigns.
If you have suffered injuries or become addicted to e-cigarettes, call today to schedule a consultation and discuss your legal options.