Did you actually think that E-Cigarettes and Vaporizers were healthy alternatives to regular cigarettes? Maybe they might be incrementally healthier, but certainly E-Cigarettes and Vaporizers remain hazardous to your health. More and more studies are being released stating that E-Cigarettes and Vaporizers create just as much harm to your body as regular cigarettes. But the hazards don’t just stop when the smoke leaves the room. What about the device itself? It’s electric. It requires a charge. And it takes a battery. All of that equipment just to produce a little smoke. But what’s the harm in that? Well, as one California woman found out, the dangers associated with E-cigarette batteries can be life changing. Right now, I am working with lawyers across the country, representing consumers who have suffered serious burn injuries from melting and exploding E-cigarette batteries. A recent trial in Southern California, won by a friend of mine, demonstrates all too well how this so-called healthy alternative can turn nasty and dangerous.
A California woman was on her way to the airport in 2013 when she noticed that her electronic cigarette was low on charge. She plugged in the e-cigarette to her car’s power outlet, a recommended way to charge these devices, and that’s when hot metal began spewing out of the device, burning her dress and leaving areas of her body severely burned and with lasting scars.
Certainly not the type of injury you’d expect from a benign electronic cigarette, however this all too common story demonstrates this product which is not only defective and dangerous to use, but potentially harmful even when not in use.
The woman filed suit against VapCigs, the company responsible for the production of her malfunctioning cigarette, and was awarded 1.9 million dollars in damages as a result. VapCigs is a distributor of Chinese made electronic cigarettes.
The L.A. consumer attorney representing the injured woman provided some thoughts to reporters, after the trial, stating that: “If you’re going to place a product in the marketplace, you have to make sure it’s safe for the consumer…If you don’t, you’re at your own peril.” Our community needs to send a message to designers manufacturers, and producers and distributers of defective products-if you don’t obey the rules and you needlessly endanger consumers, you will be made accountable through the civil justice system. The civil justice system is responsible for improving the health and safety of American families through changes brought about with flammable children’s nightwear, exploding Ford Pintos and Ford Explorers and Firestone tires, as well as many dangerous and defective prescription drugs. Defective E-Cigarettes are no different than defective cars, recalled bikes, or dangerous medicines, in that they pose a serious risk of harm when used as intended. Batteries should not explode when being charged according to manufacturer recommendations and batteries should not light on fire in a consumer’s pocket or melt or explode in his pocket either. We have great consumer protection in this country, although sadly the Consumer Product Safety Commission cannot do the job alone. It takes brave consumers and their lawyers to stand up to big corporate manufacturers. Only if we make these manufacturers financially accountable can we hope to effectuate any real positive change. I look forward to updating the news on what lawyers are doing to make E-cigarettes and their batteries safer for consumers and I hope we can report on more victories and safer products as a result.
Hello, I’m Claude Wyle, a San Francisco dangerous product attorney. Have an idea for a topic you’d like to see covered here? Feel free to contact me or visit www.ccwlawyers.com
[image courtesy of e-cigarette forum]
Claude A. Wyle is a partner of Choulos Choulos, and Wyle, a San Francisco based law firm dedicated to representing clients who have been injured by the wrongful conduct of individuals, corporations, public entities, and businesses. Mr. Wyle also frequently sits as a Judge Pro Tem for the city and county of San Francisco.
7 Comments
Jason
Would this have been such an issue if it was a cellphone, laptop, flashlight? Probably not.
However, each use a Lithium battery that all can experience the same problem with.
Trace Dibble
Presumably, the whole of Mr. Wyle's knowledge of vaping has been gleaned from headlines published by the same intellectually lazy, irresponsible, activist rags that he writes for--which explains his notion that e-cigarettes emit "smoke," or that they "...create just as much harm to your body as regular cigarettes."
They're not "incrementally" safer; the term that fits there is "orders of magnitude."
dragonslayer212
LOL, another lowlife litigator making a living off of other people's imaginary demons.
Better be sure of your 'facts' before publishing such outrageous statements. The e-cig industry is here to stay and just now becoming very organized from a legal standpoint. Soon, these spurious statements uttered by 'professionals' will be met with litigation of their own forcing the author to actually PROVE his/her statements in court..
Eric
Another moron that knows nothing about vapes, ecigs, etc. Please link all these negative, imaginary studies you speak of.
Cell phone and laptop batteries don't explode? http://mobile.pcmag.com/cell-phones/59934-why-cell-phone-batteries-sometimes-explode-and-how-to-avoid-it?
Every sub ohm tank I've bought came with warnings and instructions. Not all batteries can handle them. 6 million dell and apple batteries recalled. You fighting the battle there too bud? How about the millions of cars recalled that have killed people?
Just a greedy uneducated pig. I'm sure if the money's there you'll take it.
Regardless of the outcome you'll meet your maker one day. Hopefully he'll be forgiving for your scandalous bs and lies. For your sake that is.
Rob
Citing your own example of flammable children's nightwear, the reasonable and rational solution was NOT to ban all children's nightwear or place undue restrictions on all nightwear. Logic follows that the same standards should be extended in this case. Certainly substandard manufacturers should be penalized and proper warnings about battery care and use should be in place but blanket bans and penalties against responsible and safe products should not occur.
Claude
Thank you for all of your comments, as I am very interested in presenting all sides to the story. However, you lose a lot of credibility when you resort to name-calling and damning curses. I would truly appreciate any link to any study performed by any entity that is not controlled by the e-cigarette companies. The FDA seems to think that e-cigarettes are just as if not more dangerous than regular cigarettes. I am not advocating eliminating e-cigarettes, just making them safer. And if a cell phone or flashlight computer battery exploded and caused serious injuries or deaths, or burned someone's house down, I would certainly advocate seeking accountability because if the product is defective, the company should be held fully accountable for all of the harm that they cause. If vaping is safer than regular cigarettes by order of magnitude, please show me some evidence and I will be happy to share it with my readers.
And as to imaginary demons, how would you feel explaining to the twelve jurors who allowed their verdict in Southern California that the burns to the winning plaintiff were just imaginary? Or to my client who had half the skin of his leg burned by a battery that melted and exploded in his pocket?
And why would you bring up recalled cars in this discussion? Do you think that I would not be in favor of full responsibility for all car manufacturers who harm consumers with defective automobiles. Just because your machine has the right warnings on it does not mean that all of the e-cigarette machines contain proper warnings.
And as to my soon to come lesson taught me by the e-cigarette industry, I would love to see the facts and I am open to the facts.
Simple knee jerk hate mail is not productive however, or name calling either. Sorry, but you lose me and most readers when you resort to personal insults.
Debate is great, so send me something to support your position that these batteries are safe, even that e-cigarettes are safer than regular cigarettes. And I apologize if my use of the word "smoke" offended you in some way. If using the word "vapor" would make you feel better, I will be happy to edit my post. All the best, Claude
Claude
http://www.huffingtonpost.com/news/e-cigarettes-dangers/
Please review the above link and all of stories referred to on that page about e-cigarettes and advise if there is any credible evidence to the contrary
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