Can I sue if my vape pen exploded?
Yes. In California, you can file a lawsuit if your vape pen was dangerous or defective and caused injuries as a result.
In California, a company that designs, manufactures or sells defective product is strictly liable for any injuries caused by that product. Strict liability is a legal concept that holds an individual or entity responsible for harm without requiring the victim to prove that they were negligent.
These types of cases as known as product liability lawsuits. In a product liability case, the plaintiff (victim) files a lawsuit against the defendant (manufacturer, designer, distributor and/or retailer of a defective product). To prevail on this type of claim, you must be able to demonstrate:
- That the defendant designed, manufactured, distributed or sold a defective product, such as an e-cigarette;
- That the product contained the defect when it left the defendant’s possession;
- That the plaintiff used the product in a manner that was reasonably foreseeable; and
- The plaintiff suffered harm as a result of the product’s defect.
If you can prove these four elements, then you will be able to recover for your damages. This may include past and future medical expenses, lost wages, pain and suffering, and other types of losses.