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Bronx Personal Injury & Real Estate Blog

Monday, October 14, 2019

Vaping and Personal Injury Lawsuits

Q: Can I sue if I’m sick from vaping?

The phones of New York personal injury attorneys are literally ringing off the hook these days with calls from people panicked over the “Vape crisis of 2019”. Seemingly overnight, the vaping industry is constantly in the news as users are suddenly dying in alarming numbers over a “seemingly new, mysterious ailment”.

For those that aren’t aware, vaping is the term used for smoking e-cigarettes (electronic cigarettes) produced by companies like JUUL Labs, which reportedly controls more than 2/3 of the US market. When e-cigarettes emerged on the scene about a decade ago, many addicted tobacco smokers took up vaping as a way to reduce or quit smoking tobacco. Free of tar, vaping gave smokers nicotine mixed with various flavored chemicals in a water vapor encased in an inhalable pen. 

One big problem, though, was vaping’s attraction to people who were not previously smokers… such as young teens and tweens…who also took up vaping. Some critics accuse manufacturers and distributors of marketing vaping products to youth who may be drawn by kid-friendly flavors like cotton candy. After younger generations seemingly had gotten the message that smoking tobacco is harmful and its use is linked to lung cancer, vaping may have seemed like a harmless and cool alternative to many.

There has been a wave of personal injury lawsuits commenced across the country by e-cigarette users who are suffering from bronchiolitis obliterans (which is also known as “popcorn lung”) -- “an obstruction of the lung’s smallest airways that can be caused by chemical particles”. And with the slew of recent deaths in teens using e- cigarettes, those numbers are rising fast. 

States like New York and Massachusetts are quickly scrambling to enact legislation cracking down or even banning sales of e-cigarettes entirely. 

In a personal injury lawsuit, a victim who has been harmed due to the negligent, reckless, or intentional actions or inactions of someone else may be entitled to compensatory damages for things like medical expenses, lost income, physical or psychological pain, and more depending on the circumstances.

Within the realm of personal injury law is the doctrine of product liability, which basically holds the manufacturers and distributors of products sold to the public liable for injuries caused by their dangerous or defective products. Failing to adequately warn consumers of the dangers of a product may be grounds for a lawsuit. 

Contact Our Office Today to Learn More

If you or a loved one has been injured or a loved one has been killed as a result of vaping-related illnesses or accidents, the Goldstein Law Firm can help you. Contact us today for a free consultation. 

From our office in the Bronx, New York, we represent clients throughout New York City and New York State, as well as those injured while visiting New York.



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