I recently tried E cigarettes and experienced a nicotine overdose and threw up. Can I file a lawsuit or take any legal recourse?


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Question:

Question: I purchased some electronic cigarettes because the packaging said that they were safer than nicotine. Well, I don’t know if something went wrong or what, because I ended up getting an overdose of nicotine from smoking these electronic cigarettes! I was throwing up and I had to go to the doctor! This seems really unsafe, I was a smoker for years and never had nicotine poison. Can I see the company for selling an unsafe product and making me sick?

Response:  In May of 2009, the FDA expressed concerns about uneven amounts of nicotine delivered by electronic cigarettes, so there may be some precedent for your claim. If in fact the electronic cigarette product that you purchased did not have adequate controls and/or malfunctioned to provide you with an overdose of nicotine, it is possible that the product could be considered an unsafe product. Generally, in order to recover damages as a result of a defective or unsafe product, you need to prove that you were injured in some way. You should speak with a product liability attorney regarding the incident surrounding your illness and the extent of your illness to determine what, if any, claims you may have against the company. 

Answered by Christy Rakoczy

Additional Resource: Product Design Defect

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