Most recently, the US Centers for Disease Control and Prevention (CDC) conducted a press briefing to update the public and physicians on new research, statistics, and the future of the epidemic.
J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, stated that the CDC report was encouraging in some ways. “It’s great that officials are getting to the bottom of the lung diseases related to e-cig use, and that there are fewer instances of medical conditions. However, the damage has been for some victims. The dangers of vaping weren’t fully investigated or disclosed, so far too many people sustained injuries and many families are feeling the pain of losing a loved one.”
Fortunately, victims and their families may have legal options under Arkansas law under the theory of products liability. According to Mr. Smith, “These claims typically proceed through strict liability, where you don’t have to prove that a manufacturer was at fault in causing a dangerous product to be released within the stream of commerce. It’s far easier to prove the essential elements when you don’t need to establish negligence.”
In addition, victims may also be able to recover by proving that a manufacturer breached a warranty, either express or implied. If successful, individuals may be able to obtain monetary damages for medical costs, pain and suffering, and other losses.