E-cigarettes, sometimes known as “vapes,” have become increasingly popular in recent years. For people looking to quit tobacco-based cigarettes, or at least cut back on smoking, they may seem a healthy alternative. After all, e-cigs are actually electronic devices designed to deliver nicotine without the “smoker” actually inhaling many of the dangerous, carcinogenic chemicals found in tobacco cigarette smoke. Unfortunately, there are other, very serious risks associated with electronic “cigarette” devices, including the possibility of an explosion. If you or a loved one has been hurt by an e-cigarette explosion or other accident, the experienced Traverse City and Grand Rapids e-cigarette injury lawyers at the Neumann Law Group can help you understand your legal rights. Our firm also handles cases involving consumer products such as talcum powder and auto parts.
When a product causes serious harm or death to a user, that person (or in the case of death, the person’s family) may file a claim in court seeking damages. The amount of money that is potentially available varies substantially from case to case. An experienced product liability attorney can help you understand the various factors that are taken into consideration in determining an award of damages and can help you file the appropriate paperwork to get started. Potential claimants should be aware that there is a statute of limitations in Michigan that places a deadline on the filing of a personal injury or wrongful death claim. In some situations, there may also be a statute of repose that further limits the plaintiff’s time to file suit.Holding Manufacturers Liable for E-Cigarette Injuries
The plaintiff and their Traverse City or Grand Rapids e-cigarette injury attorney has the burden of proof in a product liability lawsuit. This means that they must be able to gather, and potentially present at trial, enough competent, credible, and legally admissible evidence to convince the jury, by a preponderance of the evidence, that the plaintiff should prevail against the defendant. The simple fact that an accident happened is not enough. Accidents happen for a lot of reasons, many of which do not involve careless actions by the seller or maker of the product at issue. Only if the plaintiff is able to present proof of all of the elements of a product liability action can he or she recover damages.
Under Michigan law, there are several possible theories of recovery in a product liability case. One of these is an allegation of a design defect. This means that the product, as designed, is inherently dangerous. An e-cigarette injury attorney in Grand Rapids or Traverse City must be able to prove that the e-cigarette was dangerous when it left the manufacturer’s control and that the injuries suffered by the plaintiff were foreseeable, given the unreasonably dangerous condition of the e-cigarette.
Another type of product defect is a manufacturing defect. This happens when a single product (or a small group of products) was manufactured incorrectly. In other words, the product’s design was adequate, but something happened along the way to render it dangerous (such as a key part being omitted from the final product). Finally, a product may suffer from a marketing or information defect. This means that the dangerous nature of the product was not obvious and was not communicated to the injured person. This is also known as a “failure to warn.”Contact a Knowledgeable E-Cigarette Injury Lawyer in Traverse City or Grand Rapids
There are many steps in a successful product liability lawsuit. The first step should be talking to an attorney about your or your loved one’s injury and the product that caused it. To schedule an appointment to discuss your case with one of our helpful personal injury and wrongful death attorneys, contact the Neumann Law Group today at (800) 525-6386 or through our website. We represent clients who have been hurt by a variety of consumer products in Traverse City, Grand Rapids, Ann Arbor, Flint, Lansing, Muskegon, Midland, Holland, Kalamazoo, Detroit, Wyoming, Saginaw, Warren, Petoskey, and communities throughout the Upper Peninsula.