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E-Cigarette Liability Case Brought by Burn Victim in Late June

close up portrait of a man smoking an e-cigaretteAn Illinois couple recently filed a claim against e-cigarette battery manufacturer LG and two vape stores in their state, alleging product liability. LG makes a lithium-ion battery that exploded in the pants pocket of Scott Schroeck in mid-June, causing second and third degree burns. Mr. Schroeck and his wife Denise are charging both the manufacturer of the battery and the retailers, Rockin Vape and Tobacco Zone, with failure to give adequate warnings about the danger of exploding e-cigarettes. The stores are both located in Joliet, Illinois.

The claim states that Scott Schroeck’s burns have cost $200,000 in medical charges so far. Denise Schroeck alleges negative effects on the marriage from the injuries.

Batteries in e-cigarettes are flammable

The chemicals used in lithium ion batteries are known to be extremely flammable. They are safe if manufactured and processed correctly when placed in the device, and if the device is designed properly.

Unfortunately, however, manufacture, integration, and design is far from perfect. The batteries can short circuit or catch on fire as a result of “thermal runaway,” a chemical reaction that causes the battery to catch on fire. Both these accidents, in turn, can be caused by battery damage, too rapid recharge, extreme temperatures, the juxtaposition of other metal material, or using chargers from the aftermarket.

Scott Schroeck has indicated that he had two batteries in his pocket when one caught on fire.

Injuries from e-cig explosions and fires rising

The number of injuries from exploding e-cigarettes and their batteries has been rising for several years. In 2015, the American Burn Association noted several hundred injuries from e-cigarettes that year.

The U.S. Food and Drug Administration (FDA) believes that the injury rate from exploding e-cigarettes is underreported. The agency believes that explosions may occur when no one is injured, and thus not inclined to report the incident. In addition, news reports cause the number of reports to rise, indicating a number not reported without the impetus of a recent similar event.

Another U.S. agency, the Federal Aviation Administration, indicates that more than 80 emergency events have been reported in the past four years from accidents related to lithium battery powered items. The events have ranged from unplanned landings to fires igniting in mid-flight.

The risks have caused some lithium powered devices, including e-cigarettes, Samsung Galaxy Note 7 smartphones, and hover boards, to be banned or restricted by the FAA.

Last year, all forms of electronic smoking products were banned from flights and checked baggage by the U.S. Department of Transportation’s Pipeline and Hazardous Material Safety Administration (PHMSA). These products include e-cigarettes and vape pens.

Do you need an attorney?

The increasingly clear dangers posed by e-cigarettes, vape pens, and lithium-powered batteries can no longer be ignored. If you or a loved one has suffered injuries or died as a result of an accident caused by one of these products, attorneys from Edelman, Krasin & Jaye can help. We are seasoned personal injury attorneys who will fight for justice. Compensation from a New York e-cigarette lawsuit can cover medical bills, lost wages, retraining, and emotional loss or harm.

Call us today for a free initial consultation at 1-800-469-7429. We can meet you in New York City or Long Island at your convenience.

Additional “e-cigarette burn injury” resources:

  1. U.S. Food and Drug Administration. Vaporizers, E-Cigarettes, and Other Electronic Nicotine Delivery Systems (ENDS). https://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm456610.htm
  2. U.S. Food and Drug Administration. FDA Warns of Health Risks Posed by E-Cigarettes. https://www.fda.gov/ForConsumers/ConsumerUpdates/ucm173401.htm

Childrens’ Safety: 8 Things ER Doctors Keep out of Their Homes

dangerA home is supposed to be a safe haven, but far too many unintentional injuries occur under Americans’ own roofs each year — especially those involving people in aged 0 to 19 years. More than 225,000 children are hospitalized and 9,000 die annually from accidents, according to the Centers for Disease Control and Prevention. In total, nearly 9 million children visit the ER each year for injuries.

Adults need to take proper precaution to protect themselves and their children from accidents that can easily be prevented.

8 things ER doctors won’t have in their homes

Many seemingly innocent household items actually have a number of hidden dangers. Health.com interviewed ER doctors to find out what standard products they’ve banned from their own homes.

  1. Trampolines they’re fun to have in a backyard — until someone gets hurt. Many serious accidents happen on trampolines, resulting in serious damage, such as neck injuries, broken femurs and upper-body fractures.
  2. Button batteries. Often found in portable LED lights and car remotes, toddlers often mistake button batteries for candy and eat them. When ingested, they can get stuck in the esophagus and the battery acid can cause permanent damage.
  3. Power washers and extension ladders. Frequently used for home maintenance, people fall off ladders all the time and sustain very serious injuries, such as collapsed lungs and head trauma. Even seemingly harmless power washers can be very dangerous, as their forceful water stream can cause major injuries and lacerations.
  4. Swimming pools. Highly coveted by many families, backyard swimming pools can be extremely dangerous, because it’s far too easy for kids to fall into the pool and accidentally drown. These accidents often happen very quickly and quietly, making them hard to prevent.
  5. Guns. For reasons ranging from personal protection to hunting, many people keep guns in their homes, but fail to properly secure them. Consequently, these weapons fall into the hands of far too many teenagers and young children, which can quickly turn deadly.
  6. Ramen noodle soups. Popular for lunch or a snack, Ramen noodle cups get incredibly hot in the microwave and can actually cause serious burns when not handled with caution — especially when in the reach of young children.
  7. Leftover pain pills. After finishing an antibiotic, many people hold on to unused medication, just in case they need it again. This practice may seem savvy, but it can actually be deadly if the pills accidentally get into the hands of a child.
  8. Certain high chairs. Many parents purchase high chairs that saddle up to the table, so their child can take part in family meals. While a sweet gesture, placing high chairs next to the table can be quite dangerous, as it allows these young kids to kick the table and knock their chair to the ground, which can result in a skull fracture.

Stand up for your rights

Sometimes accidents happen, but if you or your child sustained an injury from a common household item in your own home or someone else’s, you may be entitled to legal compensation. If the item was dangerous or defective in nature, you may have grounds for filing a product recall lawsuit. Litigation can help recover compensation for various damages including past and future medical costs, lost wages, emotional trauma, lost earning capacity, among other types of damages.

The national product liability attorneys at Edelman, Krasin & Jaye are here to fight for your rights, every step of the way. Contact us at 1-800-469-7429 today to schedule a free case review to discuss your options.

Holiday Shopping Alert: 10 Worst Toys That Pose Dangers to Children

The Long Island dangerous toy lawyers at Edelman, Krasin & Jaye wish everyone a safe and happy holiday season. In that spirit, the team would like to bring some of the potentially dangerous toys to the attention of parents this year, so they can take the appropriate steps to keep their children safe from harm.

As the Christmas season draws near, consumer watchdog groups get busy as well. These organizations are responsible for releasing lists of potentially dangerous or defective toys parents would be wise to avoid during the holidays.

One of those groups, World Against Toys Causing Harm or W.A.T.C.H., recently posted their list of the “10 Worst Toys” on the organization’s website. These products are sold in a wide variety of venues and may be on your children’s Christmas lists this year.

Dangerous toys to avoid

Some of the toys, such as the “Savage Orc Battle Hammer” and “Radio Flyer Ziggle” have the potential for causing impact injuries, while the “Air Storm Firetek Bow” and “Catapencil” raise the risk for eye injuries. Others, such as the “Wooden Instruments,” “Lil’ Cutesies – Best Friend” and “Colored Hedgehog” may look harmless, but pose a serious choking hazard.

The “Bottle Rocket Party” is cited by W.A.T.C.H. for not including safety goggles in the packaging, while the “SWAT Electronic Machine Gun’s” authentic design could prove dangerous in the hands of some children. The bright colors and happy faces of the animals in the “Alphabet Zoo Rock & Stack Pull Toy” belie the strangulation dangers lurking in the attached 20-inch cord.

The W.A.T.C.H. list is not the only list of dangerous toys noted for the 2014 holiday season. Another organization, United States Public Interest Research Group or U.S. PIRG, also released its annual report, “Trouble in Toyland.” This year’s report warns parents to watch out for toxicity levels in some children’s toys, as well as choking hazards. Some toys were also reported to cause possible hearing loss due to their noise, while others contain small, powerful magnets that could result in serious injury if ingested.

Toy-related injuries

According to a recent report at CBS News, around 18 children suffer toy-related injuries every hour in the United States that are serious enough to send them to the emergency room. More than 80 percent of those injuries occurred in the child’s own home and the most likely culprit was a riding toy like a scooter. Common toy-related injuries include lacerations, suffocation, bone fractures, strangulation and burns.

Younger children were more likely to be harmed by choking or asphyxiation hazards, which can be hard to determine with some toys. Reading labels to ensure age appropriateness of a toy is one of the first steps parents can take to prevent choking accidents. Unfortunately, some toy manufacturers market their products to younger children, even when a choking danger might exist. This leaves parents and their children vulnerable to possible accidents once the toy comes home.

Consult with Long Island toy defect lawyers

When a child, or someone else, suffers an injury from an unsafe product, a product liability lawsuit might be the next logical step. Product liability puts the burden of proof on the plaintiff, who must show the product was defective due to the manufacturer’s negligence, the defect caused the injury and the injury required medical treatment. An experienced NY child injury attorney is usually needed to help families navigate this complex process to protect their rights and pursue legal compensation.

The product liability lawyers at Edelman, Krasin & Jaye understand the long-term implications of injuries caused by a dangerous toy. We work with victims and their families every day to hold toy manufacturers and retailers accountable for their actions. If your child is hurt by a defective product, don’t try to tackle the legal system alone.

Contact Edelman, Krasin & Jaye to learn more and get a free evaluation of your case. Call us today at 1-800-469-7429.

  1. W.A.T.C.H., 2014 “10 Worst Toy” List, http://toysafety.org/toy-safety/2014-10-worst-toy-list/
  2. CBS News, The Most Dangerous Types of Toys for Kids, http://www.cbsnews.com/news/the-most-dangerous-types-of-toys-for-kids/
  3. U.S. PIRG, Survey Finds Dangerous Toys on Store Shelves, http://www.uspirg.org/news/usf/survey-finds-dangerous-toys-store-shelves-0