Charlotte Personal Injury Attorney Matt Arnold answers the question: “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”
As the Trump administration reportedly prepares a ban on e-cigarettes following at least six deaths from lung diseases related to vaping, two young people have been put on life support at a North Carolina hospital, reportedly due to electronic cigarette use.
According to a news release obtained by The Charlotte Observer, the two people in their 20s were “very lucky to be alive.” The patients were hospitalized with a serious lung disease linked to vaping.
Doctors suspect that the lung disease was caused by the use of electronic cigarettes with liquids that contain cannabis products, including THC-infused e-cigs, according to the press release from the hospital.
Across the nation, there have been at least six deaths and nearly 400 reports of lung diseases associated with vaping or e-cigarettes. Although health officials have yet to determine the specific factors causing lung illnesses, it is an undeniable fact that e-cigarettes are harmful despite manufacturers claiming otherwise.
Symptoms of lung disease caused by vaping include shortness of breath, dry cough, nausea, vomiting, and diarrhea. Besides nicotine, e-cigs and vaping devices can contain such harmful substances as ultrafine particles, diacetyl, volatile organic compounds, and even heavy metals, such as nickel, tin, and lead, according to the U.S. Department of Health and Human Services.
If you suspect that your lung illness is the result of using e-cigarettes or vaping, contact a Charlotte personal injury attorney from Arnold & Smith, PLLC.
Dangers of E-Cigarettes and Vaping Devices
Before the link between vaping and lung illnesses was established, the only risk associated with e-cigarettes was perceived to be overheating and exploding lithium-ion batteries.
Although these batteries are used in laptops and cellphones, combustion is more likely to occur when smoking e-cigarettes or vaping. There is a risk of explosion or overheating when an e-cigarette or vaping device is charged through the USB port on a computer or laptop, or the device is charged using an incompatible charger.
But as the most recent reports suggest, explosions of e-cigarette batteries are not the only danger posed by e-cigs and vaping.
Manufacturer Liability for E-Cigarette and Vaping Injuries
Although e-cigarette manufacturers initially denied that their products were unsafe, an increasing number of manufacturers now acknowledge the risks associated with smoking e-cigs and vaping as lung illnesses and deaths linked to vaping continue to make headlines across the U.S.
Even though the number of reported deaths and injuries caused by e-cigarettes and vaping devices is somewhat insignificant compared to the popularity of e-cigs and vaping, those who suffered injuries due to the use of these devices may have a right to seek compensation.
Under North Carolina’s product liability theory, the manufacturer of a product, as well as other parties in the chain of distribution, may be held responsible for any injuries suffered by users as long as the product was manufactured incorrectly or there was a design defect.
Can E-Cigarette Manufacturers be Sued for Failure to Warn?
A manufacturer may also be held liable under the theory of “negligent warning.” In other words, if the manufacturer failed to warn the public of known risks associated with e-cigarette usage or vaping or the product did not contain adequate instructions regarding the correct use, the injured user may be able to recover damages by filing a product liability claim.
But do manufacturers of e-cigarettes and vaping devices have a duty to warn users of the reported cases of lung diseases suffered by people across the nation? That is the question only an experienced Charlotte personal injury attorney can answer.
Schedule a free consultation with our attorneys at Arnold & Smith, PLLC, to determine whether or not you are entitled to compensation under the product liability theory. Call at 704-370-2828 or complete our contact form. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and our new location in Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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