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Personal Injury Law Blog | Products Defects | Los Angeles Products Defects Injury Attorneys

E-Cigarette Lawsuits Complicated by Marijuana Use

South Bay Legal Counsel
Negligence Lawyer Mike Ehline

Marijuana has had a good run lately. Four states voted November 8th legalize recreational marijuana. California, Maine, Nevada, and Massachusetts joined Alaska, Oregon, Washington, and Colorado in making the drug available for people over 21.

The decriminalization and legalization movements led to an explosion of products available for use. In short– capitalism works. There are now pot brownies, soda, and energy drinks available within the states where it’s already legal. Come January 1st this will widen further. With other states rushing to get such initiatives on the ballot, the trend continues.

One of the largest markets is using THC products within electronic cigarettes. With e-cigs becoming more popular among young people than traditional tobacco cigarettes, there is a vast open market. Customization and blends allow for a wider audience.

Federal Law Makes a Catch

With the recent wave of e-cigarettes exploding in peoples’ pockets causing injury, a wave of lawsuits will follow. And this remains especially the case for consumers that use marijuana oils or extracts to use with their e-cigarettes. These suits will face many legal challenges, especially considering that they will seek to create a precedent.

  • Making matters more complicated is the fact that marijuana is still a federally scheduled drug.
  • Appeals regarding the suits cannot make their way into federal courts– at least according to current readings.
  • Many claimants will be hesitant to risk their case going to a federal judge.

And this can help stifle the legitimate needs of injuries parties to seek grievances. This effect is especially the case if they were smoking the marijuana products legally in one of the states as mentioned earlier.

Such an issue will eventually make it to a circuit court. It’s still to become seen what the judges will determine, but it will likely line up with federal law on the subject. With it remaining unlikely that federal scheduling of marijuana will change, the next several years should become absorbing for personal injury attorneys and accident litigation firms.

Massive Bankruptcy Follows Massive Suits In Re Takata

Suffer an airbag burn? Injured in a vehicle crash in SD?
The San Diego Injuries at lawyers at Ehline law firm help victims of negligence in Poway, Ocean Beach, Pacific Beach, and all San Diego cities.

The Japanese airbag company Takata rose and fell rapidly. The company’s stunning destruction was of its own doing. Its faulty airbags installed in some vehicles caused both injuries and deaths. The billions of dollars of issues surrounding the defective products ultimately pushed the company into bankruptcy.

Now that the company is behind Japan’s equivalent of Chapter 11, what does that mean for Americans hurt by its defective products? Lawsuits and pending litigation still stand against the corporation.

Bloomberg reported on some of the impacts. Takata promised replacements for tens of millions of faulty airbags, which now seems unlikely. The announcement will place the company in stasis. This decision follows a $1.62 billion takeover bid by another company, Key Safety Systems.

Key hasn’t stated whether it will replace the faulty parts. While Takata’s assets will be auctioned off, it appears its recall obligations will not follow suit. At least some of the impact of the recall should be offset by auction. Up to $2 billion in assets go to the block.

Takata is on the hook for about the same in costs. However, the 19 car manufacturers hurt by the airbag giant is still on the hook for about $3 billion in additional costs.

What Happens to Consumers?

Consumers still on the hook for injuries or replacements from Takata still have a chance. However, the window is closing. Bankruptcy laws may lock in existing suits and prevent future ones from affecting. Even if the cases are allowed to proceed, the diminishing assets may make recovery very difficult.

If you believe your family may be entitled to compensation, contact a skilled attorney today. The Ehline Law Firm Personal Injury Attorneys, APLC’s experience is key. We handled Takata and airbag cases before. Simply put: in California, we’re the best. Our team is second to none. We will assess your family’s legal options and guide you fairly. Call or email us for a free, no-pressure consultation.

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Ehline Law Firm
Personal Injury Attorneys, APLC

633 W 5th St #2890
Los Angeles, CA 90071

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