CE-Cigarettes, Vape Pens, and other electronic alternatives to classic cigarettes have become increasingly popular recently. These products promise a safer and healthier alternative to classic smoke based tobacco consumption. However, there have been some instances of these tobacco products exploding, causing truly devastating burn and laceration injuries. Those who have been injured by these products have every right to seek an attorney to help them file an E-cigarette explosion lawsuit; however, many who attempt to file these cases are unaware of the statute of limitations (SOL) that influence their case. In this article, we will discuss what the statute of limitations is, some exceptions to this ruling, and how you can best navigate the statute of limitations to file a lawsuit for an e-cigarette explosion. At Normandie Law Firm, our e-cigarette explosion lawsuit attorneys can guide you through the often complicated process of building a case, filing a claim, and collecting compensation for the damages that you have been dealt. If you have any questions after reading this article, please feel free to reach out to our law offices for a free consultation by one of our well-versed legal advisors.
E-Cigarette Explosions
Vape pens and e-cigarettes have been touted as a way for typical tobacco users to more safely and accessibly intake chemicals like nicotine. These products burn a mix of nicotine and other chemicals that add to the wide variety of smoke texture and flavor. Vape pens and electronic cigarettes, while often paired together are slightly different, and when filing a vape pen defect lawsuit, or e-cig burn injury class action lawsuit, it is important to know the difference. E-cigarettes, or electronic cigarettes, are powered by batteries that are meant to match the size and look of the tradition cigarettes they’re meant to replace. E-cigarettes use cartridges filled with a variety of liquids, which are then burned by a heating component in the device that converts the liquid into a vapor which the user can inhale then.
Vape pens are somewhat different. For starters, they visually stand out from their smaller counterparts. While the typical design is meant to be no larger than an ordinary pen, some of these products can take on truly eccentric designs. Like e-cigarettes, vape pens burn a variety of chemicals; however, users can also input other chemicals into their vape pens. Some users choose to add things like cannabis oil to alter the effect these pens can offer.
While these devices may differ in some key areas, they have both been known to cause some truly grueling injuries when they malfunction and explode:
- Burn Injuries
- Mouth Injuries
- Jaw Injuries
- Facial Injuries
- Shattered Teeth
- Facial Burns
- Lacerations
- Abrasions
- Internal Damages
When a user suffers any of these injuries or any similar injuries as a result of a defective or malfunctioning vape pen or e-cigarette, they have every right to file a personal injury, or in vape fire class action lawsuit against the manufacturer for their damages. Product liability law indicates that product manufacturers keep defective products out of the hands of consumers. However, mistakes happen, and when they do and cause injury to a consumer, that injured consumer has every right to sue for the damages. Although, the largest factor in any suit is the statute of limitations and how they influence a case.
Statute of Limitations to Sue An E-Cig or Vape Company
The statute of limitations is defined as the period an injured party has to bring their case to court. In this case, it is the deadline an injured party has to sue for an electronic or vape explosion claim. The statute of limitations is put in place to keep plaintiffs from simply sitting on their claims. This deadline to sue varies from state to state and can change depending on the nature of your case. For example, in the state of California, if you were injured by a defective vape or e-cigarette you have two years from the date of the incident to bring your case to court. However, this isn’t necessarily the case for class action lawsuits, which are usually filed in suits involving defective products. The statute of limitations for an e-cig burn injury class action lawsuit depends on one of two things:
- The type of fraudulent activities involved in the case
- The location (state) where the fraudulent activities took place.
The statute of limitations can be somewhat complicated, and there are some exceptions to this ruling which can change how the statute of limitations is applied to your case. Some common exceptions to the statute of limitations are listed below for your reference:
- The Defendant was out of State for a period: If a defendant was absent from the state, the statute of limitations pauses until the defendant returns.
- The plaintiff is a minor: If the injured party is a minor, meaning below the age of 18, the statute of limitations does not run until the said minor turns 18.
- Mental incompetence of the plaintiff: If a plaintiff is judged as mentally incompetent during their injuries or the actions of the defendant, then the statute of limitations are paused throughout this incompetence.
- Death of the plaintiff: If a plaintiff dies before the statute of limitations runs its course, then a lawsuit can still be filed in the statute of limitations period. However, if six or fewer months remaining on the statute of limitations at the time of the plaintiff’s death, then the suit must be filed within six months of the plaintiff’s death.
- Plaintiff’s prison sentence: If a plaintiff is imprisoned, California law dictates that the statute of limitations is tolled until the plaintiff is released, or for two years whichever comes first.
- Plaintiff’s Military Service: If a plaintiff is serving in the military the statute of limitations is automatically tolled for the entire duration of the plaintiff’s service.
Understanding the statute of limitations and how they influence your case plays a crucial role in every case, especially those involving suits filed against e-cigarette and vape manufacturers. For this reason, it is incredibly important to have an attorney on your side that not only understands the statute of limitations but is committed to fighting for your case in court.
How Normandie Law Firm Can Help
If you or a loved one have suffered the damages caused by exploding vape pens and e-cigarettes you may be eligible to file a claim for significant monetary compensation. However, when filing a lawsuit, it is always in your best interest to have the right attorney by your side. At Normandie Law Firm our attorneys have a wealth of experience in representing those injured by defective products. If you file a claim with our law firm you could find some, if not all of the following damages compensable to you:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
While our vape pen burn injury law firm is based in Los Angeles, we also represent plaintiffs injured in San Francisco, San Diego, Fresno, Oakland, Sacramento, Orange County, Riverside, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
