When you purchase a vaping product, you expect it to function safely and not cause serious harm. Unfortunately, many vaping devices have caused devastating injuries through battery explosions, chemical burns, respiratory damage, and addiction-related health problems. As New York enforces some of the nation's strictest vaping regulations, more injured consumers are turning to the courts to hold manufacturers and retailers accountable.
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If you or a loved one has suffered serious injuries from a defective vaping product in New York, the experienced attorneys at the Porter Law Group are here to help you fight for the compensation you deserve.
Vaping injury cases require specialized knowledge of both product liability law and the rapidly evolving science around e-cigarette health risks. Our skilled legal team at the Porter Law Group has the expertise necessary to handle these complex cases across New York State. We thoroughly investigate battery explosions, chemical exposures, respiratory injuries, and deceptive marketing practices—building compelling cases against major manufacturers like JUUL, distributors, and retailers.
We offer free, no-obligation consultations and work on a contingency fee basis—meaning you pay no fees unless we win your case. Our attorneys understand the unique challenges of vaping litigation, including proving causation for respiratory illnesses and establishing liability against foreign manufacturers. Contact us today at 833-PORTER9 or email info@porterlawteam.com to learn how we can help hold the vaping industry accountable for your injuries.
New York is a national leader in regulating vaping products. The state has banned flavored vape products and aligned e-cigarette rules with traditional tobacco laws. These regulatory efforts not only enhance public health protections but also create additional legal pathways when companies violate the law while marketing or distributing unsafe products.
Vaping injury lawsuits in New York typically fall under product liability law, which allows injured consumers to seek compensation without needing to prove negligence. Under New York's strict liability framework, you only need to show that the product was defective and that the defect caused your injury. This legal principle applies whether your case involves a battery explosion, respiratory illness, or addiction tied to deceptive marketing practices.
Legal actions may take the form of individual personal injury lawsuits, class action settlements, or wrongful death claims. Recent enforcement actions by Attorney General Letitia James, who filed lawsuits against 13 major e-cigarette manufacturers seeking hundreds of millions in damages, demonstrate the state's commitment to holding the vaping industry accountable for illegal marketing and product safety violations.
Vaping-related injuries encompass a wide range of serious medical conditions and traumatic incidents that can result in substantial compensation for victims and their families:
Battery Explosion Cases: E-cigarette battery explosions represent the most catastrophic category of vaping injuries, often causing life-altering burns and disfigurement. According to the U.S. Fire Administration, only 25% of explosions occur during charging, with most happening during use or while being carried. These incidents can cause thermal burns and deep tissue chemical burns requiring months of treatment, facial reconstruction and skin grafts, lost teeth and severe oral injuries, eye damage and facial bone fractures, and permanent scarring and disfigurement. The severity of these injuries often results in substantial settlements due to the extensive medical treatment and rehabilitation required.
Respiratory Illnesses and EVALI: E-cigarette or vaping product use-associated lung injury (EVALI) emerged as a major health concern affecting thousands of users nationwide. New York City documented 53 residents with EVALI diagnoses, with follow-up studies showing 49% developed new health conditions during recovery. EVALI symptoms include severe respiratory distress, gastrointestinal problems, and constitutional symptoms that can persist for months after initial diagnosis. These cases often involve complex medical causation issues requiring expert testimony to establish the link between vaping and lung damage.
Addiction and Marketing-Related Claims: Litigation increasingly focuses on deceptive marketing practices that led to nicotine addiction, particularly among minors. These cases allege that companies deliberately targeted teenagers with candy-like flavors and social media campaigns while downplaying addiction risks. The massive JUUL settlements demonstrate the substantial compensation available for addiction-related claims, with individual payments ranging from several hundreds to over $9,000 per claimant.
Chemical Exposure and Contamination: Some vaping products contain dangerous chemicals or contaminants that can cause poisoning, respiratory damage, or other serious health problems. Cases may involve products containing illegal substances, toxic metals, or other harmful chemicals not disclosed to consumers.
Recent vaping injury settlements demonstrate the substantial compensation available for various types of injuries and the courts' willingness to hold manufacturers accountable for unsafe products.
Battery Explosion Settlements:
JUUL Class Action Settlements:
Government Recovery Actions:
Vaping injury cases often involve multiple parties in the manufacturing, distribution, and retail chain, creating opportunities for comprehensive compensation from various sources.
Manufacturers: Companies like JUUL Labs, Altria, and overseas entities bear primary responsibility for designing safe products and providing adequate warnings. Manufacturers can be liable for battery defects, unsafe chemical formulations, inadequate safety testing, and deceptive marketing practices that minimize health risks or target minors.
Retailers and Distributors: Under New York's product liability laws, retailers who sell defective products can be held liable for resulting injuries. This is particularly important in vaping cases since many manufacturers are foreign entities, making local retailers more accessible defendants. Retailers can face liability for selling products to minors, failing to verify proper licensing, and continuing to sell products after recalls or safety warnings.
Component Suppliers: The complex supply chain for vaping products includes battery manufacturers, chemical suppliers, and hardware component makers who can be independently liable for defects in their specific components. Battery manufacturers face particular exposure due to the frequency and severity of explosion-related injuries.
Property Owners and Employers: In some cases, property owners or employers may face liability for allowing unsafe vaping practices on their premises or failing to maintain a safe environment.
Vaping injuries can result in substantial compensation covering both economic losses and the significant pain and suffering these injuries often cause.
Medical Expenses: Vaping injuries frequently require extensive medical treatment due to the severity of burns, respiratory damage, and long-term health effects. Compensation covers emergency treatment and hospitalization, multiple surgeries and reconstructive procedures, long-term respiratory therapy and rehabilitation, prescription medications and medical equipment, ongoing monitoring for chronic conditions, and future medical needs related to permanent injuries. Battery explosion cases often involve hundreds of thousands of dollars in medical costs due to the need for multiple surgeries, skin grafts, and reconstructive procedures.
Lost Income and Earning Capacity: Severe vaping injuries can prevent victims from working or significantly limit their career prospects. Compensation includes lost wages during recovery periods, reduced future earning capacity due to permanent disabilities, vocational rehabilitation if career changes become necessary, and loss of employment benefits and opportunities. Young victims who develop addiction or respiratory problems may face decades of reduced earning capacity.
Pain and Suffering: Vaping injury victims often experience severe physical pain and emotional trauma. Battery explosion victims endure excruciating burn injuries requiring multiple painful procedures. Respiratory illness victims may develop anxiety about breathing or permanent lifestyle limitations. New York allows substantial compensation for these non-economic damages, with amounts varying based on injury severity, permanence, and impact on quality of life.
Addiction Treatment and Related Costs: For cases involving nicotine addiction, particularly among minors, compensation may include costs of addiction treatment programs, counseling and therapy, medical monitoring for addiction-related health problems, and educational support for students whose academic performance suffered due to addiction.
New York imposes strict deadlines for filing vaping injury lawsuits that vary depending on the type of claim and circumstances involved:
Personal Injury Claims: Most vaping injury cases must be filed within three years from the date of injury. For battery explosions and immediate traumatic injuries, this timeline is typically clear. However, for respiratory illnesses or addiction-related claims, determining the exact injury date can be more complex and may require legal analysis.
Product Liability Claims: Defective product cases, including vaping device defects, generally must be filed within three years of injury or discovery of the defect. New York courts apply this deadline strictly, with limited exceptions for cases where the defect was not immediately apparent.
Medical Malpractice Claims: If your case involves misdiagnosis of vaping-related illnesses like EVALI, medical malpractice claims must be filed within two years and six months of the malpractice occurrence. EVALI cases are particularly susceptible to misdiagnosis, as symptoms can mimic other respiratory conditions.
Wrongful Death Cases: If vaping-related injuries result in death, surviving family members have two years from the date of death to file wrongful death lawsuits. These cases can recover compensation for lost future earnings, funeral expenses, and the family's loss of companionship.
The statute of limitations is strictly enforced in New York, making prompt consultation with experienced attorneys essential for preserving your legal rights and gathering necessary evidence before it's lost or destroyed.
Vaping companies and their insurers employ experienced defense attorneys and technical experts specifically to minimize compensation for injury claims. Without skilled legal representation, victims may not receive fair compensation or may have valid claims dismissed due to the complex scientific and legal issues involved.
Defendants often argue that injuries resulted from user error, pre-existing conditions, or other factors unrelated to their products. They may claim their warnings were adequate or that regulatory compliance shields them from liability. Overcoming these defenses requires attorneys who understand both product liability law and the evolving science of vaping-related health effects.
Our team at the Porter Law Group handles all aspects of complex vaping litigation including medical evidence coordination, expert witness preparation, and aggressive advocacy against well-funded corporate defense teams. We're prepared to take on major vaping companies and their distributors to secure fair compensation and hold them accountable for unsafe products and deceptive marketing practices.
Q: How do I know if my injury was caused by vaping rather than other factors?
Vaping-related injuries often follow specific patterns like sudden battery explosions, respiratory symptoms developing after starting vaping, or addiction issues in young people exposed to marketing. Our attorneys work with medical experts to investigate the connection between your vaping use and subsequent health problems.
Q: Can I file a lawsuit if I bought my vaping product legally?
Yes. Even legally purchased products can be defective or unsafe. Many successful cases involve products that were sold legally but contained design defects, manufacturing flaws, or inadequate warnings about risks.
Q: What if I was underage when I started vaping?
Underage vaping cases often result in higher settlements because they involve illegal sales and deceptive marketing targeting minors. These cases may include claims for addiction treatment, educational impacts, and long-term health consequences.
Q: Can I sue if I developed a respiratory illness from vaping?
Yes—if there is medical evidence linking your condition to vape use. Conditions like EVALI have been successfully litigated. We work with expert physicians to support your claim.
Q: What if the vaping company is located overseas?
Many cases target local retailers and distributors who can be held liable under New York law even when the original manufacturer is foreign. We investigate all parties in the distribution chain to identify viable defendants.
Q: How long do vaping injury cases typically take?
Timeline varies based on case complexity and the number of parties involved. Battery explosion cases with clear liability may resolve within 1-2 years, while complex respiratory illness cases requiring extensive medical evidence can take longer.
Q: What if I'm still experiencing health problems from vaping?
Ongoing health problems can actually strengthen your case by demonstrating the severity and permanence of your injuries. We work with medical experts to document current symptoms and project future medical needs for comprehensive compensation.
Suffering from a Vape Injury in New York?
Reach out to our experienced team for a free consultation.
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
At The Porter Law Group, we understand the immense physical, emotional, and financial toll that a vaping injury can take on you and your family. Let us handle the complex medical and legal issues while you focus on your recovery and healing.
Don't let vaping companies minimize your injuries with inadequate settlement offers. Vaping injury cases require immediate action to preserve crucial evidence and investigate complex product defects before evidence is lost or destroyed. The statute of limitations is strictly enforced, and waiting too long could permanently eliminate your right to compensation. Take advantage of a free case evaluation with our experienced New York vaping injury lawyers by calling 833-PORTER9 or emailing info@porterlawteam.com. We proudly serve clients throughout New York State and are ready to help you pursue the justice you deserve against the vaping industry.
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