Marijuana Lawsuits: Vaporizers and Legal Liability

In common law jurisdictions, a tort is a “wrong” committed by person A, which affects person B; an individual to whom person A owes a civil duty. Critically, torts are distinct from criminal wrongdoings in that the latter involves a breach of a duty owed to society at large. Harm done to society, rather than the individual, is of course why state prosecutors rather than commercial marijuana lawyers bring criminal lawsuits. As we shall see, while there are several theories of liability under tort law, the most common are negligence-based lawsuits. We will briefly explore what a negligent tort consists of before addressing a product liability lawsuit, the tort claim Company Y will most likely be subjected to in court.