Vape pens were once thought to be a relatively safer alternative to cigarettes. Unfortunately, thousands of people across the nation have been injured and killed because of their vaping habits. Many of these tragic injuries are due to defects in the vape pens themselves, which inflict debilitating physical burns or cause users to develop popcorn lung.
As the victim of vape pen injuries in San Diego, California, you shouldn’t hesitate to explore your legal rights and options. You may have the right to file a vape pen injury lawsuit against the manufacturer to recover compensation for your medical care, loss of income, and emotional distress. Hiring an experienced San Diego injury lawyer at Singleton Schreiber can help you maximize your financial recovery.
Choosing Singleton Schreiber puts award-winning California trial attorneys who’ve successfully recovered over $2.5 billion in damages for clients like you.
Benefit from local lawyers and national resources by calling our San Diego law office today. Your first case evaluation is absolutely free.
How Do Vape Pens Cause Injuries?
When you vape, you use a small electronic device to heat nicotine and/or other chemicals so that they can be inhaled without having to smoke.
Vape pens have three major components that work together: the atomizer, the battery, and the cartridge. The atomizer is the pan’s heating element. When the vape pen is turned on, the atomizer heats up the chemicals and compounds in the cartridge to a precise level. When the temperature is achieved, the chemicals vaporize and travel to the mouthpiece, where they’re inhaled by the user.
There are two primary ways in which vape pens can inflict injuries during this process - battery explosions and inhaling toxic chemicals.
Vape Pen Battery Explosions
Vape pen batteries have been known to explode or catch on fire. This can happen if the battery pack is overcharged or due to defects in the battery itself.
When the battery explodes or catches on fire, it can cause the vape pen user to suffer severe physical burns - often affecting the hands, fingers, face, thighs, and genitals.
Inhalation of Diacetyl and Other Toxic Chemicals
Many vape pens contain a chemical called diacetyl to give the vapor a buttery flavor and pleasing aroma. However, chronic exposure to Diacetyl and other chemicals commonly found in vape cartridges - including acetaldehyde, acrolein, and formaldehyde - can cause serious health issues, including popcorn lung.
Popcorn lung, also known as bronchiolitis obliterans, is a type of lung disease caused by a buildup of scar tissue. The scar tissue can block airflow, making it difficult to breathe and achieve a satisfactory oxygen level.
Who’s Liable For Vape Pen Injuries in San Diego?
Companies that design, make, and sell vape pens - and their components - are obligated to ensure the pens are safe. These companies also have to disclose known risks associated with using their vape pens.
If a vape pen is defective - in the way it is designed, manufactured, or marketed - the company can be strictly liable for resulting injuries.
Strict liability means that an injured vape pen user does not have to prove that the company was negligent in any way. Rather, the user must only demonstrate that the vape pen was defective, the vape pen was used in a reasonably foreseeable way, and that the defective pen caused an injury or death.
What Damages Can I Recover If I’ve Been Injured Because of a Defective Vape Pen?
When you file a product liability lawsuit against a vape pen manufacturer, you’ll have the opportunity to seek compensatory damages.
Compensatory damages can include two different types of awards: economic and non-economic.
Economic damages are intended to help you handle the verified and reasonably projected future costs of your vape pen injuries, such as:
- Hospitalization, surgery, medical devices, and other medical expenses
- Nursing care and assistance
- Rehabilitation and therapy
- Costs paid out of pocket
- Lost wages, benefits, and income
- Reduced earning capacity
- Temporary and/or permanent disability
Non-economic damages are awarded for your more difficult-to-value trauma, such as:
- Disfigurement and physical scarring
- Reduced quality of life
- Loss of consortium
- Chronic physical pain
- Pain and suffering
- Emotional distress
- Inconvenience
The state of California also provides the right to seek punitive damages in a limited number of situations. A jury can award these additional damages - which are strictly designed to punish the defendant - if there’s clear and convincing evidence of malice, oppression, or fraud.
For example, a vape pen manufacturer might be ordered to pay punitive damages if it comes to light that the company intentionally buried safety testing that demonstrated a link between vape pen use and respiratory illnesses.
How Long Will I Have to File a Vape Pen Injury Lawsuit in California?
It’s important to take prompt action once you discover a vape pen-related injury. California applies a two-year statute of limitations to most product liability lawsuits.
This will typically give you just two years from the date you were injured by a vape pen to file a legal claim for damages. You’ll also have two years to file a wrongful death lawsuit if a family member is killed because of a vape pen injury.
Barring any exceptions, you will lose the right to file a lawsuit when the statute of limitations passes. Don’t miss out on well-deserved compensation. Call Singleton Schreiber and protect your rights.
Vape Pen Victims in San Diego, CA, Trust Singleton Schreiber
When a vape pen is defective and explodes or exposes you to harmful chemicals, it can cause catastrophic injuries and wrongful death. As a victim or grieving family member, you shouldn’t have to struggle with the consequences on your own.
Our San Diego vape pen injury attorneys are here to help you force the manufacturer to take responsibility for its unsafe product and make things right for you.
Client-driven strategies, a passion for justice, and top-dollar financial recoveries have earned us top honors from Best Lawyers in America, the Daily Journal, the San Diego Business Journal, and other leading organizations.
Force the results you deserve by trusting our respected California personal injury attorneys to fight for you, too. We offer a free consultation, so contact our San Diego law office to get started now.
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