Who’s Liable for Defective Vape Pens and E-Cigarette Explosions?

Defective vape pens and e-cigarette explosions have disfigured Nevada residents, leading to serious medical issues that cost victims dearly economically and personally. But who is liable when a defective vape pen or e-cigarette explosion leaves someone severely injured? Speaking with an experienced product liability lawyer can help you understand your options for holding someone responsible when a defective product causes harm to you or a loved one. You might be able to recover financial relief that can help cover some of the medical costs and other losses related to the injury. If you suffered injuries because of a defective vape pen, e-cigarette, or other product, reach out to Claggett & Sykes today to discuss your case.

What is product liability? 

Product liability law allows consumers to hold the manufacturer accountable for injuries and damages they suffer because of a defective product. A “defective product” is one with flaws related to manufacturing, design, or inadequate warnings.

As an example, imagine that you purchase a microwave and it catches on fire during normal use, like heating up leftover pizza. In this case, there is a strong chance the microwave would be considered defective.

Nevada law allows consumers to pursue damages when defective products cause injuries. The serious burns and other trauma caused by defective vape pens or e-cigarette explosions would likely qualify.

How does product liability work in Nevada?

Nevada recognizes a legal doctrine called “strict liability.” Strict liability is when the manufacturer of a product is liable for the injuries caused by that product, even if they were not negligent when manufacturing it. To prove a strict liability case, you must show that:

• The product was defective.
• The defect existed prior to the product being acquired from the store or manufacturer, among other parties.
• The product was used in a manner that was reasonably foreseeable by the store/manufacturer.
• The defect was a cause of your personal injury and the damages you sustained.

If you can prove the above, you have a chance of  recovering damages, even if the manufacturer/store was never negligent.

Types of product defects in Nevada

There are several categories of product defects, including:

Design defects

A design defect is when a product is manufactured correctly, but there is a defect inherent to the design that makes it dangerous for consumers.

An example of a design defect is as follows: someone purchases a vape pen with a battery that is always prone to overheating and catching on fire. The design defect makes it so that each vape pen of the same model is defective.

Manufacturing defects

A manufacturing defect is an error made during the production of a particular product that makes it inherently unsafe to use.

For example, if a component of a vape pen breaks during the assembly process, leading to overheating or an explosion, this might be a manufacturing defect. In this case, one vape pen might be defective while others that are the same model are not.

Failure to warn of defects

A failure to warn defect is when a product is sold without adequate warnings related to the harm it can cause. Or, alternatively, a product is sold with those warnings, but they are insufficient.

One example of the above is as follows: you purchase an e-cigarette with a battery that needs to be replaced regularly, or else it becomes unstable and overheats. You don’t know how important it is to change the battery, so you don’t. Then it overheats, causing a fire.

How does product liability affect cases involving defective vape pens and e-cigarette explosions? 

Under Nevada law, consumers injured by defective vape pens and e-cigarette explosions can seek accountability from the parties involved in selling, manufacturing, and distributing the defective device.

In some states, you must prove that those parties’ negligence led to your injury. But, in Nevada, you and your product liability lawyer only need to prove that the product was defective and that you were injured as a result. A successful claim can lead to a court ordering the liable parties to cover your losses related to the injuries you sustained from the defective vape pen or e-cigarette.

As per Nevada’s product liability laws, you may have an opportunity to recover damages for your medical expenses, lost wages, and pain and suffering. In rare cases, you may be able to obtain punitive damages as well, depending on the facts of your case.

Who’s liable for defective vape pens and e-cigarette explosions?

Nevada’s strict liability law allows you to file a product injury liability claim against anyone involved in the sale or manufacturing of a defective vape pen or e-cigarette. Some of these parties may be as follows:

1. The local vape pen/e-cigarette store that sold the device.
2. The distributor/wholesale supplier of the device.
3. The manufacturer of the device.
4. The online store that sold the device.
5. The manufacturer of the device’s faulty components.

It’s possible that several parties may be liable for your injuries, meaning you could collect from more than one defendant. Your lawyer can help you identify the appropriate parties to involve in your claim.

What do you need to prove a vape pen or e-cigarette explosion is the result of a defect?

Every case is different. However, to prove a vape pen or e-cigarette exploded because of a defect, you and your product liability lawyer will likely need to demonstrate the following:

• You used the vape pen or e-cigarette in a reasonably foreseeable manner.
• You did not significantly alter the vape pen or e-cigarette from its original form.
• You were injured due to the vape pen or e-cigarette’s defect.
• You suffered damages – medical bills, for example – due to the injury.

Proving the above will help you recover damages for injuries related to a defective vape pen or e-cigarette explosion. You can help build your claim by taking the following steps:

• Seek immediate medical attention after being injured by the explosion.
• Keep the product exactly as it is, after the explosion.
• Hold onto the packaging for that product.
• Take thorough videos and photos of the product and its packaging.
• Keep records of the injuries, damages, and losses you sustained.
• Speak with a product liability lawyer as soon as you can.

The statute of limitations for product liability claims is two years. This can vary, though, depending on the facts of your case. To pursue a claim, speak with a product liability lawyer right away.

Get help from a trusted product liability lawyer

The team at Claggett & Sykes Trial Lawyers has helped thousands of people across Las Vegas and Nevada obtain fair settlements and verdicts for the injuries they have sustained. By working with us, we can:

• Go over your case to assess what is possible for you.
• Take care of all the paperwork, documentation, and deadlines.
• Contact all of the liable parties.
• Negotiate with these parties and their legal team on your behalf.
• Bring your case to court if it is necessary to do so.

Reach out to Claggett & Sykes today. We are ready to help you. You can call us or use our contact form to schedule a free consultation. We have offices in Las Vegas and Reno for your convenience.