Defective vape pens and E-cigarette explosions have caused significant injuries to Nevada residents. These injuries have a tendency to be expensive, debilitating, and life-changing.
Going over who is liable for defective vape pens and E-cigarette explosion, while speaking with an experienced product liability lawyer, can help you obtain the damages you are entitled to.
What is product liability?
Product liability is a legal doctrine that allows consumers to obtain compensation for a defective product they acquired.
In the state of Nevada, a “defective product” is, in most cases, a product that is either unreasonably dangerous or more dangerous than intended. Or, alternatively, it is a product that is hazardous, yet lacks proper warnings.
Just as an example, if you purchase a microwave that catches on fire even though you did not do anything to set off this reaction, there is a strong chance this would be considered a defective product.
The state of Nevada lets you obtain compensation for defective products that caused injuries. This encompasses those that were caused by a defective vape pen or E-cigarette explosion.
What is product liability in Nevada?
Nevada recognizes strict liability. Strict liability is when the manufacturer of a product is liable for the injuries caused by that product, even if they were not negligent when manufacturing it. Strict liability claims are rooted in:
- The product was defective.
- The defect existed prior to the product being acquired from the defendant/manufacturer.
- The product was used in a manner that was reasonably foreseeable by the defendant/manufacturer.
- The defect was a cause of your personal injury/the damages you sustained.
If you can prove the above, there is a chance you will obtain compensation. This is true, even if the manufacturer was never negligent in manufacturing, or advising you about, the product’s defects.
What are the types of product defects in Nevada?
Nevada recognizes several different types of product defects. By proving the strict liability points clarified above, you may be able to obtain compensation for these defects. Those below are some of the most common.
Product defect 01: Design defects
A design defect is when a product is manufactured correctly, but there is a defect inherent to the design of the product that makes it dangerous for consumers.
Just as an example, if someone purchases a vape pen with a battery prone to overheating, this could be considered a design defect.
In some courts, you must prove that an alternative design exists, for the product with a design defect. But, this is not the case in Nevada; proving the strict liability points clarified in the previous section can lead to compensation.
Product defect 02: Manufacturing defects
A manufacturing defect is an error made during the production of a particular product that makes it inherently unsafe to use.
For example, if a vape pen is manufactured with a heating rig that cannot adequately maintain its temperature without overheating, this could be considered a manufacturing defect.
Product defect 03: Failure to warn defects
A failure to warn defect is when a product is sold without adequate warnings related to the harm it can cause. Or, alternatively, a product is sold with those warnings, but they are insufficient.
One example of the above is as follows: you purchase an E-cigarette with a battery that needs to be changed regularly or else it will explode, and it does explode onto you because there was no warning to prevent this
How does product liability affect cases involving defective vape pens and E-cigarette explosions?
The state of Nevada allows consumers injured by defective vape pens and E-cigarette explosions to obtain compensation from the manufacturers, retailers, and distributors of those vape pens.
In some states, you must prove that those parties were negligent, when making/selling the product. But, in Nevada, you and your product liability lawyer only need to prove that the product was defective and that you were injured as a result. This can lead to the liable parties compensating you for the injury.
As per Nevada’s product liability laws, you can obtain compensation for your medical expenses, lost wages, and pain and suffering. On top of that, you may be able to obtain punitive damages, depending on the facts of your case.
Who’s liable for defective vape pens and E-cigarette explosions?
Under the state of Nevada’s strict liability, you can file a product injury liability claim against anyone involved in the sale/manufacturer of a defective vape pen/E-cigarette:
- The local vape pen/E-cigarette store that sold the device.
- The distributor/wholesale supplier of the device.
- The manufacturer of the device.
- The online store that sold the device.
- The manufacturer of the device’s faulty components.
You and your product liability lawyer can file a claim against each one of those parties. The facts of your case are what determine who may be ordered to compensate you.
What do you need to prove to obtain compensation for defective vape pens/E-cigarette explosions?
Even though every case is different, you and your product liability lawyer will generally need to prove the following, in order to obtain compensation for defective vape pens and/or E-cigarette explosions:
- You used the product in the manner that was intended.
- You did not significantly alter the product from its original form.
- You were injured due to the product’s defect/design.
- You suffered damages – medical bills, for example – due to the injury.
Proving the above can help you obtain compensation for a defective vape pen/E-cigarette explosion. To make it easier for you to prove these points, you can:
- Seek immediate medical attention after being injured by the explosion.
- Keep the product exactly as it is, after the explosion.
- Hold onto the packaging for that product.
- Take thorough videos/photos of the product and its packaging.
- Keep records of the injuries, damages, and losses you sustained.
- Speak with a product liability lawyer as soon as you can.
Doing the above will help you obtain compensation for the injury. You can obtain compensation from the parties liable for your injury, which could include the vape store that sold it to you, the manufacturer, and distributor.
The statute of limitations for product liability claims is four years. This can vary, though, depending on the facts of your case. To obtain the compensation you need, you may want to speak with a product liability lawyer now.
Get help from a trusted Product Liability Lawyer
The team at our law firm has helped thousands of people across Las Vegas and Nevada obtain fair settlements and verdicts for the injuries they have sustained.
By working with us, we can:
- Go over your case to assess what is possible for you.
- Take care of all the paperwork, documentation, and deadlines.
- Contact all of the liable parties.
- Negotiate with these parties, and their legal team, on your behalf.
- Bring your case to court if it is necessary to do so.
Reach out to our law firm today. We are ready to help you. You can call us or use our contact form to schedule a free consultation. We have offices in Las Vegas and Reno for your convenience.
Max Akin Writing 