In March 2013, Jennifer Ries and her husband, Xavier, became victims of a defective product. While on their way to the airport, Jennifer decided to charge a VapCigs e-cigarette. A strange aroma filled the car, and Jennifer noticed that the e-cigarette battery was dripping. When she attempted to remove the battery from the charger, it started to shoot flames directly at her. The battery exploded, sending metal fragments flying. As a result, Jennifer suffered second-degree burns.
What are E-Cigarettes?
Electronic cigarettes, commonly referred to as “e-cigarettes”, have become tremendously popular over the last few years as they are marketed as a more healthy alternative to traditional cigarettes. Currently, e-cigarettes are used by over 2 million people in the U.S. E-cigarettes are designed with a battery-powered device that produces a vapor that resembles smoke and contains a mixture of nicotine and other flavorings, thus providing an experience that mimics smoking traditional cigarettes.
While e-cigarette manufacturers say that their products are safe, studies do not clearly show that. In fact, the Food and Drug Administration (FDA) issued a warning that the health effects of e-cigarettes have not been fully studied. Although to date, the e-cigarette industry has not felt the type of litigation that the tobacco industry has faced, it looks as if the e-cigarette industry is facing a different type of litigation based on what appears to be a problem related to the design of e-cigarettes.
Health Claims and Concerns
While e-cigarette manufacturers claim that their products are safe, studies have not conclusively supported these assertions. The Food and Drug Administration (FDA) has issued warnings that the health effects of e-cigarettes have not been fully studied. Although the e-cigarette industry has not yet faced the type of extensive litigation seen by the tobacco industry, it is now encountering a different kind of legal challenge related to the design and safety of e-cigarettes.
Dangers posed by e-cigarettes
E-cigarettes use lithium-ion batteries, the same type of batteries that are used in laptops and cellphones. While there have been incidents of laptop and cellphone batteries overheating and exploding, combustion is more likely to occur with e-cigarettes. If care is not taken when charging e-cigarette batteries, overheating is possible. For example, if an e-cigarette is charged using an incompatible charger or is charged using the USB port in a computer, overheating may result and an explosion is possible.
E-cigarette manufacturer liability
While initially denying that e-cigarettes are unsafe, e-cigarette industry leaders such as Thomas Kiklas of the Tobacco Vapor Electronic Cigarette Association now acknowledges that there are occasional failures. While the number of reported e-cigarette explosions has been minimal compared to the amount of e-cigarette usage, those who are injured by such explosions are seeking to hold the manufacturers responsible. Under product liability theory, the manufacturer of a product may be liable for injuries suffered by product users if the product has a flawed design or if the product was manufactured incorrectly.
“The manufacturer of a product may be liable for injuries suffered by product users…”
Furthermore, manufacturers must warn the public of known risks associated with the use of the product and provide adequate instructions regarding the product’s proper use. This means that if a product is dangerous in some way that is not likely immediately obvious to a consumer, the manufacturer has a legal obligation to warn about this danger. In the case of e-cigarettes, arguably manufacturers should warn consumers of the potential for battery explosions if charged using other than specified charging devices.
Legal Obligations of Manufacturers
Manufacturers are required to warn the public of known risks associated with using their products and to provide adequate instructions for proper use. This means that if a product is dangerous in a way that is not immediately obvious to consumers, the manufacturer has a legal obligation to warn about this danger. In the case of e-cigarettes, manufacturers arguably should warn consumers about the potential for battery explosions when using unspecified charging devices.
Are E-Cigarette “Smokers” Safe?
Jennifer Ries has filed a lawsuit against both VapCigs, the manufacturer of the e-cigarette that caused her injuries, as well as Benham Zolgdahr, the retailer from which she purchased the e-cigarette. Ries and her attorney are not just concerned about holding that manufacturer and distributor accountable for her painful injuries, they are also concerned about the lack of adequate regulation of the e-cigarette industry.
To date, there has been a relatively small number of reported cases of e-cigarette battery explosions. Such explosions can be minimized or eliminated by proper warnings or instructions. If the exploding battery problem is a problem that is relatively easy to address, should the FDA now focus on determining the health risks that e-cigarettes pose based on the chemicals used in e-cigarettes particularly since many consumers consider them as a safe alternative to traditional cigarettes?
The Case of Jennifer Ries
Jennifer Ries has filed a lawsuit against both VapCigs, the manufacturer of the e-cigarette that caused her injuries, and Benham Zolgdahr, the retailer from which she purchased the device. Ries and her attorney are not only concerned about holding the manufacturer and distributor accountable for her painful injuries, but they are also advocating for better regulation of the e-cigarette industry.
The Need for Regulation
To date, there have been relatively few reported cases of e-cigarette battery explosions. Such explosions can be minimized or eliminated through proper warnings or instructions. If the problem of exploding batteries can be relatively easily addressed, the FDA should focus on determining the health risks posed by the chemicals used in e-cigarettes. This is particularly important as many consumers consider e-cigarettes a safe alternative to traditional cigarettes.
Health Risks and Chemical Exposure
While the immediate risk of battery explosions is a pressing concern, the long-term health effects of e-cigarettes are equally significant. The vapor produced by e-cigarettes contains various chemicals, some of which may have harmful effects on the respiratory system. Studies have indicated that certain flavorings and additives in e-cigarettes can cause inflammation and other adverse health effects. As the popularity of e-cigarettes continues to rise, understanding these potential health risks becomes increasingly important.
Consumer Awareness and Safety
Ensuring consumer safety involves more than just addressing the risk of battery explosions. It also means providing clear and accurate information about the potential health risks associated with e-cigarette use. Manufacturers should be transparent about the ingredients in their products and conduct rigorous testing to identify any potential hazards. Consumers must be educated about the proper use of e-cigarettes, including safe charging practices and the potential risks of using incompatible chargers.
Advocacy and Legal Action
Cases like Jennifer Ries’ highlight the importance of legal action in holding manufacturers accountable and prompting regulatory changes. By pursuing litigation, injured consumers can seek compensation for their injuries and draw attention to safety issues that need to be addressed. Successful lawsuits can also set important legal precedents, encouraging manufacturers to prioritize safety and transparency.
The Role of the FDA
The FDA plays a crucial role in regulating e-cigarettes and ensuring consumer safety. In recent years, the agency has taken steps to increase oversight of the e-cigarette industry, including requiring manufacturers to submit their products for review and implementing age restrictions on sales. However, more needs to be done to address the specific risks associated with e-cigarette batteries and the chemicals used in e-liquids.
Moving Forward
As the e-cigarette industry continues to evolve, it is essential to strike a balance between innovation and safety. Manufacturers must be held accountable for the safety of their products, and regulatory bodies must enforce strict standards to protect consumers. By addressing both the immediate risks of battery explosions and the long-term health effects of e-cigarettes, we can ensure that these products are safe for all users.
Conclusion
The incident involving Jennifer Ries underscores the urgent need for greater regulation and oversight of the e-cigarette industry. While e-cigarettes offer a potentially less harmful alternative to traditional smoking, the risks associated with their use cannot be ignored. By holding manufacturers accountable and implementing stringent safety standards, we can protect consumers and ensure that e-cigarettes are as safe as possible. Through continued advocacy and regulatory efforts, we can address the challenges posed by this rapidly growing industry and safeguard public health.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.
Check out some of our other blogs!
