It is no secret that smoking is bad for one's health, but many people associate the dangers of smoking solely with tobacco products. However, so-called "e-cigarettes" can also cause serious injuries - albeit in a different way than traditional tobacco-filled cigarettes. While cigarettes made of tobacco are known to cause cancer and other serious diseases over a number of years, e-cigarettes have the potential to cause serious injuries or even death much more quickly - especially if the battery contained within the device explodes. If you or a loved one has been hurt by an e-cigarette explosion, the North Carolina and South Carolina e-cigarette injury lawyers at Grimes Teich Anderson, LLP, are here to help. We also handle product liability cases based on dangerous medications, such as proton pump inhibitors or drugs like Actemra or Lipitor.
E-cigarettes are battery-operated devices that come in several different shapes and sizes, and some have tank systems, "mods," or vaporizer systems. When an e-cigarette explodes, the lithium ion battery that powers the device is often to blame, although atomizers and other components may also fail. A person who is injured by a defective product, such as an e-cigarette that explodes, should talk to an experienced product liability attorney about the possibility of filing a claim against the manufacturer, wholesaler, or retail seller of the product.The Process of Pursuing a Product Liability Claim
It is important to speak to an e-cigarette injury attorney in North Carolina or South Carolina about getting started on your case if you think that you may have a claim. All personal injury and wrongful death lawsuits are subject to a statute of limitations and a statute of repose. These time periods govern the time that an injured person or the family (or estate) of a deceased person has to assert their rights in a court of law. It is the shorter of the two possible time periods that controls. In other words, a claim that is filed within the statute of limitations but outside the statute of repose will be dismissed as untimely. Determining exactly when these periods end can sometimes be complicated.
The plaintiff has the burden of proof in all product liability cases, not only those related to e-cigarettes but also those based on other products, such as car parts like defective seat belts. This means that the injured person and their North Carolina or South Carolina e-cigarette injury attorney must prove that the defendant is liable to him or her for damages that were proximately caused by a defective product. Depending upon the situation, the plaintiff may claim that the defendant was at fault with regard to the design of the product, the manufacturing of the product, or the marketing of the product, or in more than one of these areas. In other words, a product may be deemed unreasonably dangerous because all such products are inherently dangerous, based upon the way that they were designed. Or it may be that only certain items are defective because of some type of mistake in the way that those particular products were made. For instance, a single lot of products may be defective because of a machine breakdown at the time that they were made, but millions of other similar products may be fine. In still other situations, a product's design and manufacture are acceptable, but the maker's failure to warn the consumer of possible dangers creates liability for the ensuing injuries.Consult an E-Cigarette Injury Lawyer in North Carolina or South Carolina
E-cigarette explosions can cause debilitating burns and other serious, potentially life-altering injuries. Through a successful product liability lawsuit, the victim may receive compensation for medical expenses, lost wages, and pain and suffering caused by the defective device or product. At Grimes Teich Anderson, LLP, we work hard, sometimes along with national co-counsel, to zealously advocate for people who have been injured by others' negligence or wrongdoing. For a free appointment, call us now at 800.533.6845 or contact us online. We represent people throughout both North Carolina and South Carolina, including in the cities of Asheville, Franklin, Rutherfordton, Waynesville, Spruce Pine, Greenville, Spartanburg, and Gaffney.