E-Cigarette and Vape Injury Claims

If an e-cigarette or vape device burned you, exploded in your pocket, or you developed a lung injury after vaping, you may have a product liability claim against the device maker, battery maker, e-liquid manufacturer, or retailer — separate from any claim you might have against a specific brand for nicotine addiction marketing. These cases typically rest on ordinary product-defect law: a device or liquid that was unreasonably dangerous, defectively made, or sold without adequate warnings. Most claims settle before trial, and injury lawyers in this area typically work on contingency (commonly around one-third of any recovery), so you generally don't pay upfront.

Two very different injury patterns

Vape and e-cigarette injury claims tend to fall into two categories, and the evidence and legal theories differ for each.

1. Battery explosions and burns

Most vape devices run on lithium-ion battery cells (often the same "18650" cylindrical cells used in laptops and flashlights). These cells can undergo thermal runaway — a chain reaction where the battery overheats, vents gas, and can rupture or ignite — if the cell is defective, damaged, charged improperly, carried loose in a pocket with metal keys or coins (causing a short circuit), or simply pushed past its safe design limits by the device. Reported injuries include severe burns, facial and eye injuries, lost teeth, and house or vehicle fires. The U.S. Consumer Product Safety Commission has tracked and warned about vape battery fires and explosions for years.

2. Lung and respiratory injury

Separately, vaping has been linked to acute lung injury. In 2019, the CDC and FDA identified an outbreak of severe lung disease among vapers — often referred to as EVALI (e-cigarette or vaping product use–associated lung injury) — that investigators tied largely to vitamin E acetate used as a thickening additive in illicit or informal THC vape cartridges, though some cases involved nicotine-only products. Symptoms included difficulty breathing, chest pain, coughing, vomiting, and in some cases required hospitalization. Ongoing or worsening respiratory symptoms after vaping should be evaluated by a doctor regardless of any legal claim.

Legal theories that apply

Product liability law is mostly state common law, but the same basic theories recur across states:

• Design defect — the device's design (for example, a battery/circuit combination with no protection against overcharging, short-circuiting, or venting) was unreasonably dangerous even when made correctly, and a safer alternative design was feasible.
• Manufacturing defect — the specific unit that hurt you deviated from its own design or specifications (a flawed battery cell, a cracked cartridge, a contaminated batch of e-liquid).
• Failure to warn / inadequate instructions — the manufacturer or seller didn't adequately warn about known risks (carrying loose batteries, mixing battery brands, using the wrong charger, ingredient risks) or didn't provide clear instructions for safe charging and use.
• Negligence — a claim that a manufacturer, distributor, or retailer failed to use reasonable care in designing, testing, manufacturing, or selling the product, and that failure caused your injury. Negligence requires showing duty, breach, causation, and damages.
• Breach of warranty — the product didn't perform as represented or as an ordinary consumer would expect.

Many states also allow strict liability for defective products, meaning you may not have to prove the manufacturer was careless — only that the product was defective and that the defect caused your injury. Whether strict liability, and which version of it, applies depends on your state's law. There have also been coordinated proceedings (multidistrict litigation) involving major vape brands, mostly centered on marketing and nicotine-addiction claims rather than device-explosion injuries; a personal injury claim from a battery burn or lung injury is usually a separate, individual case even if a brand is also facing other litigation.

Who can potentially be held responsible

• The device manufacturer
• The battery cell manufacturer (batteries are sometimes made by a different company than the device itself)
• The e-liquid or cartridge manufacturer
• The retailer or online seller ("vape shop" liability varies by state and by whether the retailer altered or repackaged the product)
• An employer, if the exposure happened in a workplace setting

Because devices are often assembled from parts made by multiple companies, it's common for more than one company to be named in a claim.

Evidence that matters most

• The device itself — do not discard it, disassemble it, or let it get thrown away. Store it in a fireproof or metal container away from anything flammable, since a damaged lithium battery can still be unstable.
• The battery, charger, and any spare cells you were using, plus original packaging showing brand and model.
• Photos and video of the device, the scene, your injuries, and any damage to clothing or property, taken as soon as possible.
• Purchase records — receipt, order confirmation, or credit card statement showing where and when you bought the device, battery, or liquid.
• Medical records from every provider who treated you, including burn treatment, respiratory testing, and any hospitalization.
• Witness contact information for anyone who saw the explosion or fire, or who can speak to your symptoms afterward.
• Any recall notices or safety alerts for that device or battery — check the CPSC's recall database.

What to do after a vape injury

1. Get medical care first. Burns and inhalation injuries can be more serious than they first appear; seek treatment promptly and follow up as directed.
2. Preserve the device and all components in a safe, non-flammable container. Do not attempt to charge it, use it again, or take it apart.
3. Photograph everything — the device, injuries, burned clothing, and any property damage — before repairs or cleanup.
4. Gather your purchase information and any packaging or instructions that came with the product.
5. Report the incident to the CPSC (SaferProducts.gov) if it involved a battery fire or explosion; this can help identify a pattern of defects and may support your claim.
6. Avoid posting details or photos on social media and be cautious about giving recorded statements to any insurance company before speaking with an attorney.
7. Talk to a product liability attorney, especially if your injury required medical treatment, caused scarring, or involved a fire. Many offer free initial consultations.
8. Act promptly. Every state has a deadline (statute of limitations) for filing a product liability or personal injury lawsuit, and the length of that deadline varies by state and by the type of claim. Confirm the specific deadline that applies in your state as soon as possible — waiting can permanently bar your claim.

What compensation can cover

Depending on your state's law and the facts of your case, damages in a successful claim can include medical expenses (past and future), lost income, pain and suffering, scarring or disfigurement, and property damage (such as a burned vehicle interior). Compensation for physical injury is generally not taxable as income under federal law (26 U.S.C. § 104(a)(2)), though portions allocated to interest or, in some cases, punitive damages can be taxable — a tax professional can advise on your specific settlement. If a case goes to trial and involves particularly reckless conduct, punitive damages may be available in some states, though due-process limits on the size of punitive awards were set out by the U.S. Supreme Court in BMW of North America v. Gore (1996) and State Farm Mutual Automobile Insurance Co. v. Campbell (2003).

If you were partly at fault — for example, carrying a damaged battery loose in a pocket — your recovery may be reduced or, in a minority of states, barred entirely, depending on whether your state follows a comparative fault or contributory negligence rule. This is another point where the answer depends entirely on your state.

Common defenses you may encounter

• The device was modified, repaired, or used with an incompatible battery or charger not approved by the manufacturer.
• The injury resulted from user error (improper charging, using damaged cells, mixing battery types) rather than a product defect.
• The product was altered after it left the manufacturer's control (common with vape shops that rewrap or repackage batteries).
• Warnings included with the product were adequate.

These defenses are exactly why preserving the device, packaging, and purchase records matters so much.

This article provides general information only and is not legal advice; consult a licensed attorney in your state about your specific situation.