J&Y Law Firm gives an overview of injuries and illnesses caused by vaping.

Vaping Sickness: Know Your Rights

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By Yosi Yahoudai
Founder and Managing Partner

As of October 1, 2019, the Centers for Disease Control (CDC) report 1,080 lung injury cases related to vaping or e-cigarette use. Eighteen deaths have been confirmed in 15 states, including two deaths in California. Health officials are advising individuals to avoid vaping, regardless of whether they are using THC or nicotine products. The investigation into the cause of vaping sickness continues. Our California personal injury attorneys continue to monitor the developments closely concerning potential personal injury claims for vaping illnesses and vaping injuries.

What Are Your Rights If Vaping Products or E-Cigarettes Injured You?

Exploding vaping devices have caused severe injuries and deaths. Personal injury cases involving exploding e-cigarettes have been filed under product liability laws in several states claiming the devices were defective and dangerous. With the recent vaping injuries, there could be additional lawsuits alleging various causes of action, including product liability claims. Unfortunately, determining the cause of these lung injuries may be complicated. However, it appears that numerous government agencies and health care organizations are researching the matter and will hopefully have answers for victims and their families soon.

In the meantime, contacting a personal injury lawyer to discuss your case and your legal rights is the first step in beginning the legal process to hold manufacturers and other parties responsible for vaping sickness and vaping injuries. An experienced attorney can investigate your case and consult experts who can begin to determine if a vaping device is linked to your illness or injury. 

To recover compensation for vaping injuries or illnesses, you must prove that the vaping device or vaping product caused your injury or illness. You must also prove the other elements of a defective product claim, including proving the party owed you a duty of care and that the party breached the duty of care. The vaping industry is likely to have several defenses to claims. An attorney can help you investigate the defenses and build a case to refute defenses raised by the vaping industry. 

Why Should I File a Vaping Injury Claim?

Even though filing a civil lawsuit for a vaping illness or injury cannot undo the pain and suffering caused by a defective product, a claim can result in compensation for your damages. Vaping-related product liability claims can result in compensation for your:

  • Medical expenses
  • Loss of income
  • Permanent disability and impairments
  • Rehabilitation and therapy costs
  • Physical pain
  • Emotional distress
  • Loss of quality of life

The amount of a vaping illness claim depends on numerous factors. You need to work closely with your legal team to document all damages and expenses to ensure you maximize your recovery amount. 

Contact a California Personal Injury Attorney to Find Out If You Have a Vaping Illness Claim

If a vaping product has injured you, contact us today for a free consultation. We are receiving new information each day about injuries and illnesses caused by vaping products and e-cigarettes. Do not let your opportunity to hold a manufacturer, distributor, or seller liable for negligence, errors, and other wrongdoing that caused you to suffer unnecessarily.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.