Electronic cigarettes, also known as e-cigarettes, have become increasingly popular with teenagers and young adults in Tulsa, Oklahoma.
E-cigarettes have been available in the United States since 2007.
In October 2014, a report by FEMA and the U.S. Fire Administration stated that 2.5 million Americans were using e-cigarettes.
E-cigarettes do not require tobacco or a flame. Instead, a rechargeable battery heats up liquid nicotine and creates a vapor that is then delivered into the lungs of the user when he or she inhales.
E-cigarettes are manufactured in thousands of flavors – e.g., banana split, waffle, and peanut butter cup – flavors that appeal to children and teenagers. The availability of so many exciting flavors might contribute to the prevalence of e-cigarette use among the younger generation.
E-cigarettes have only been around for 8 years; therefore, effects from long-term use are not well understood. However, some injuries from electronic cigarettes in Oklahoma have been reported.
For example, e-cigarettes have been blamed for injuries resulting from the explosion of the lithium-ion battery while charging. In some cases, these explosions caused fires in which the victims were injured even further.
E-cigarettes can contain carcinogens or other toxic substances. Some have been found to contain a chemical that is used in antifreeze. The liquid nicotine contained in the devices is highly addictive and can be fatal.
In April 2015, the Food and Drug Administration announced that it was going to implement regulations on e-cigarettes in the near future, in part because the products are becoming so widespread among children and teenagers.
The state of Oklahoma passed a law in 2014 making it illegal to sell e-cigarette devices to anyone under the age of 18. The use of e-cigarettes has also been banned on any state property in Oklahoma.
Suing Over Injuries from Electronic Cigarettes in Oklahoma
Oklahoma product liability attorneys seeking compensation for people injured by e-cigarettes may rely on decades of litigation experience with the tobacco industry. The industry has argued at times that people knew the risks they were taking when using tobacco, or that other factors caused diseases plaintiffs attributed to tobacco.
Some tobacco class actions in other states have been blocked by courts that required individuals to show specific harm. The now famous tobacco settlements resulted when attorney generals in several states sought compensation for combined costs of providing medical care to those harmed by tobacco use.
Because e-cigarettes are new and the affects of their use are not well understood, plaintiffs may be at a disadvantage in attempts to sue over injuries from electronic cigarettes in Oklahoma. On the other hand, companies cannot as easily argue that users knew the risks they were taking.
If e-cigarette makers promote their products as a safe alternative to tobacco, any existing evidence of addiction, pulmonary symptoms or other medical consequences of e-cigarette use could support arguments that companies failed to warn consumers of possible harmful side effects.
Flavorings and other marketing approaches that might appeal to children could be argued as failure to exercise a duty to care, especially after states such as Oklahoma outlawed sales to children.
Health claims based on e-cigarette use might pose a difficult challenge for Tulsa product liability attorneys, at least in the short-term.
Fires or other product failures that cause damage may present a more likely cause of action.
Accidental e-cigarette poisonings pose an increasingly likely cause of action for product liability lawsuits.
E-cigarette juice can be extremely toxic. Single containers of e-cigarette juice can contain more than a fatal dose of nicotine. Flavors, scents and packaging can attract children to the containers.
Poisonings resulting from children’s accidental exposure to e-cigarette juice are on the rise, according to the Centers for Disease Control and Prevention.
The CDC reports more than 200 incidents monthly, half of which involve children under the age of five. Even exposure through the eyes and on the skin can result in poisoning.
Free Consultation: Tulsa Products Liability Injury Attorney
To find out if you might be entitled to compensation for injuries from electronic cigarettes in Oklahoma, contact the Tulsa Products Liability Attorney at Personal Injury Law Office of Tulsa today.
For a free, no-obligation consultation, call (918) 924-5528 or send your question using the e-mail form on this page.
