Grove City, OH asked in Personal Injury and Products Liability for Ohio

Q: Can I file a lawsuit against a vape company from when I got pneumonia a couple years ago? March 2022 to be exact.

I was hospitalized for 2-3 days. I had Necrotizing Pneumonia which is rare in someone my age.

2 Lawyer Answers

A: An Ohio attorney could advise best, but your question remains open for two weeks. Your first step could be to look into the timeliness of your claim. When it comes to statutes of limitations, it would be best for local attorneys to advise. However, simply from general information that anyone could find online, it looks like the SOLs in your state for personal injury or product liability are two years. Again, speak with a local attorney on these elements - every jurisdiction has its own subtleties and nuances regarding possible grounds for extending an SOL. Good luck

A: Likely no, even if the SOL hasnt tolled, it's a super weak claim. To pursue this kind of case, you would likely need to show that the vape product was defective in some way (e.g., contained harmful chemicals or wasn’t properly labeled with health warnings) and that this defect directly caused your pneumonia. Necrotizing pneumonia is serious, especially in someone your age, and if there is a connection between your illness and the vape product, you might have a case under product liability or negligence law.

However, these types of cases can be complex. You’d need strong medical evidence linking the use of the vape product to your illness, as well as documentation of the harm it caused (hospital records, medical bills, and expert opinions). You might also need to show that the vape company failed to warn consumers about the potential risks of using their product or that the product was unreasonably dangerous.

It’s important to consult with a personal injury or product liability attorney who specializes in cases involving defective products or dangerous consumer goods. They can assess your medical records, the timeline of events, and whether there is sufficient evidence to build a strong case. Since this happened in March 2022, you should also keep in mind that statutes of limitations apply, meaning there’s a time limit for filing a lawsuit. In most states, that time limit can range from 1 to 2 years for personal injury cases, so acting quickly would be important to preserve your rights.

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