California man receives spinal cord injury after using “Whip-It”

Posted on January 16, 2013 by

On behalf of The Law Office of Marvin S. Lanter posted in Spinal Cord Injuries on Wednesday, January 16, 2013.

When trying to imagine how someone sustained a spinal cord injury, most people assume that it was the result of a car accident or some other kind of impact-related trauma. As one recent case shows, however, that might not always be the case.

Three stores that sell “Whip-It” recently became the subject of a lawsuit filed by a California man who found himself paralyzed after using the product. Whip-It is a canned version of nitrous oxide, otherwise known as laughing gas.

After the man inhaled the product on multiple occasions, he no longer had any sensation from the ribcage down, and a medical examination revealed that his spinal cord had degenerated. The store owners claim that the product is intended to be used in the food industry, although they understand some patrons may use the product for recreational uses that is not the intended use. However, the victim feels that a lawsuit may be one way to bring attention to the injuries a person may sustain from using a potentially unsafe product.

When a spinal cord injury or paralysis results from a product that is either dangerous or defective, the victim may receive compensation through a products liability lawsuit from the seller of that product, as well as the manufacturer. Product liability laws vary from state to state, but in any lawsuit the victim must show that due to certain characteristics or defects make the product unreasonably dangerous. It is also possible that the product was marketed with insufficient warning labels or instructions. Any of these factors could give rise to a products liability lawsuit.

A product liability lawsuit may be one way for a spinal cord injury victim to receive compensation for any medical expenses incurred as well as continuing medical care the victim may need in the future. More importantly, such lawsuits may give shed light on dangerous products and may even prevent other people from developing similar injuries.

Source: The Sacramento Bee, “Spinal injury sparks lawsuit over sale of ‘laughing gas’ Whip-Its,” Andy Furillo, Jan. 3, 2013

© 2017 The Law Office of Marvin S. Lanter, Los Angeles Personal Injury Lawyer. All Rights Reserved.
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