Although the first patent issued for an electronic cigarette was filed in 1930, e-cigarettes would not become commercially produced on a mass basis until 2003. In 2006, e-cigarettes were introduced to the United States. Although the idea was slow to catch on, it soon became a booming industry.
By 2018, 41 million people across the world use e-cigarettes — a practice known as vaping. Presented as a safer alternative to smoking traditional cigarettes, it became incredibly popular in the U.S., particularly among young people. By 2019, studies showed that 25% of high school seniors had vaped nicotine in the previous month.
As vaping becomes more common, we are learning more about the risks associated with the use of e-cigarettes. A new study has revealed that vaping is tied to a higher likelihood of having a stroke. If you have suffered an injury due to vaping, a Miami personal injury attorney can help you file a claim to recover damages for your loss.
The Dangers of Vaping
When vaping was first introduced in the United States, many adults saw it as a way to break a harmful addiction to cigarettes. Smoking had well-known risks at the time, including the possibility of developing lung cancer. Vaping seemed like a safer alternative.
Today, many young adults exclusively smoke e-cigarettes — rather than using the devices as a way to kick the cigarette habit. Others smoke both cigarettes and vape. Rather than being used as a way to stop smoking, vaping seems to have increased the consumption of nicotine products.
Unfortunately, there is still a lot that we don’t know about vaping and the effects that it has on your lungs and body. According to Harvard Medical School, there are numerous known risks to vaping. This includes:
- Developing severe lung disease
- An increased risk of cancer
- Explosions and burns
- Nicotine poisoning from vaping liquid
- Harm to fetuses
- Nicotine addiction
- Potential to begin smoking cigarettes
The recently-released study from George Mason University highlights a new danger: an increased risk of stroke.
According to the study’s authors, young adults who use e-cigarettes are almost twice as likely to have a stroke as those who smoke only conventional cigarettes. Vapers have three times the risk of having a stroke as nonsmokers.
The study involved a collection of data on almost 162,000 people between 2016 and 2017. The researchers accounted for other stroke risks, such as high blood pressure, diabetes and high cholesterol. The authors have stressed that because there is so much that we don’t know about vaping, there may be other risks associated with vaping, particularly when it comes to the cardiovascular and respiratory systems.
Filing a Lawsuit for Injuries Caused by Vaping
A person who suffers an injury for vaping may file a personal injury lawsuit against the manufacturer, distributor and/or retailer for their damages. This is known as a products liability lawsuit, which is based on a theory that a dangerous or defective product caused harm.
Products liability claims are brought on one of three theories: (1) the product was defectively manufactured; (2) the product had a defective design; or (3) the defendant failed to warn consumers about how to properly use the product. In the case of e-cigarettes that cause an increased risk of stroke or other injuries, a products liability lawsuit may be a way to obtain compensation for their losses — and potentially help bring about a change in the system.
Under current law, there are no federal or state regulations that require e-cigarette products be submitted to product design and safety testing. This includes the liquids used for vaping (often referred to as “juice”). As a result, manufacturers and resellers have flooded the market with devices that may or may not be safe for people to use.
If you have been injured by an e-cigarette, you may be able to file a lawsuit to recover compensation. To succeed, you will have to use one of the above theories to prove liability. This may be done in a number of ways, including through the use of expert witness testimony.
For example, if you were diagnosed with a lung disease or had a stroke that was related to vaping, you may claim that the product was defectively designed. In this type of case, your Miami personal injury attorney would argue that a properly-designed device would not cause these types of illnesses or injuries. In fact, there may not be a safe way to use these products.
A successful products liability case may lead to a settlement or award for damages for past and future medical expenses, lost wages, reduced earning capacity, loss of consortium, pain and suffering, and emotional distress. In addition, these types of lawsuits may force e-cigarette manufacturers to change the way that their products are produced to make them safer. Alternatively, big judgments may put manufacturers, distributors or retailers of vaping products out of business — or lead to increased governmental regulation of the industry.
Work with a Miami Personal Injury Attorney
Vaping injuries can be incredibly serious, ranging from health problems to injuries from exploding batteries. If you have been harmed in any way from the using of a vaping product, a
Miami personal injury attorney can help you file a claim against the manufacturer, retailer or distributor of the device.Kaire & Heffernan represents individuals throughout the Miami area who have been harmed in all types of accidents — including injuries caused by dangerous and defective products. Our team has significant experience, and will aggressively pursue compensation on your behalf. To learn more or to schedule a free initial consultation, call us today at 305-372-0123 or email us at any time.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.