Last month, in Paso Robles, California, an e-cigarette exploded during its use causing serious injuries for Daniel McClelland, 17 years of age. McClelland was using the e-cigarette inside his car when it unexpectedly exploded causing such an impact that it cracked the car’s windshield. A passenger of the car said the explosion sounded similar to a gunshot. The car’s passengers jumped out of the car, ears ringing, and they then realized that McClelland was seriously injured. McClelland switched to e-cigarettes as a safer alternative than regular cigarettes. Yet, he sustained this gruesome injury. From the explosion, McClelland lost several of his bottom teeth and a hole was blown through his tongue. He was placed on intubation to assist with his breathing. Apparently, this explosion incident is not the first, nor the second occurrence, this incident has happened on several occasions. E-cigarettes are now being compared to hover boards with their sudden and unexpected explosions.
Injury from defective products is not uncommon. If a defective product injures you or a loved one, it is imperative that you hire an experienced attorney for your case. The California products liability lawyers of Patrick G. Shea, APC have the experience and skill needed to take on your case. Contact one of our lawyers today for a FREE consultation.
California’s Products Liability Law
In California, products liability lawsuits are a subset of personal injury cases. In short, products liability is attributed to a seller, manufacturer, or retailer held as the liable party for producing or selling a defective product to the public. Manufacturers and sellers should not produce goods that may harm its consumers. If a defective product unfortunately injured you, you may be able to file a defective products lawsuit against the manufacturer, seller or retailer.
Yet, please be advised that there are certain strict elements to establish in such a lawsuit. For instance, in a products liability lawsuit here in California, the injured party (“Plaintiff”) must prove the following elements by a preponderance of the evidence. For one, Plaintiff must prove that he or she was injured or suffered loss because of the product. Second, Plaintiff must show that the product was indeed defective. Third, Plaintiff must show that the defect caused his or her injury. Fourth, finally, Plaintiff must show that he or she was using the product as it was intended to be used.
Please further note that California recognizes strict liability for defective products cases. Essentially, this means that Plaintiff will not be required to show that the manufacturer, seller, or retailer was negligent in ensuring the product’s safeness. Rather, Plaintiff is only required to prove that the product’s defect caused Plaintiff’s injury.
Lastly, note that products liability cases, in California, must be filed within one year of the accident. If the accident/injury is not initially known, the Plaintiff must file the lawsuit no later than one year from the time the injury was discovered or reasonably should have been discovered. This time limitation must be strictly adhered to. If you do not file within such time frame, you are most likely barred from doing so later.
Take Action
If you or a loved one is injured from a defective product, it is critical that you hire an experienced attorney. Doing so will significantly increase your chances of adequate compensation. The California personal injury lawyers at Patrick G. Shea, APC are here for you. Call us today for a FREE consultation and gain the peace of mind that comes from having an experienced lawyer on your side. We are prepared to represent you in any type of defective product injury lawsuit.
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