Nitrous oxide is a gas used as an anesthetic (it’s known as laughing gas) in whipped cream dispensers and illegally because it can make an abuser feel high. It’s considered an inhalant, a drug or chemical that’s inhaled to induce a high. Many of these chemicals have legal uses, so they’re widely available. Abusers aren’t safe to drive when they’re under the influence of nitrous oxide or, in the case of a fatal Missouri accident, passed out behind the wheel.
How Big a Problem Are Inhalants?
Based on the results of 2021 and 2022 surveys, the National Institute on Drug Abuse estimates that in the 12 months before survey responses were made:
- About 2.2 million people 12 and older used inhalants
- An estimated 3.6% of eighth graders, 2.4% of high school sophomores, and 1.8% of high school seniors reported using inhalants
- About 335,000 people aged 12 and older had an inhalant use disorder
Abusers not only endanger their health while driving, but long-term abuse can cause bone marrow, brain, organ, and nerve damage.
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Trial Goes Beyond Blaming the Driver for the Accident
A Missouri jury in September awarded $745 million in a wrongful death lawsuit to the parents of Marissa Politte, a 25-year-old pedestrian killed on a sidewalk by a driver who inhaled nitrous oxide from Whip-It! brand canisters just before the accident. She was killed in front of her workplace, the Total Access Urgent Care in St. Louis County, on October 18, 2020, when she started walking home.
The focus of the two-week trial was whether the company distributing Whip-It! canisters, United Brands Products Design Development conspired with a smoke shop to sell them to those they knew would illegally inhale the nitrous oxide to get high.
Police stated the driver, Trenton Geiger, passed out behind after abusing Whip-It! nitrous oxide. Police found containers that Geiger threw into the woods. Trial evidence shows he bought them at the defendant smoke shop before killing Politte.
Trial evidence also showed that a large share of its sales involving selling the gas to smoke shops:
- A former United Brands warehouse employee testified that three-quarters of Whip-It! containers went to smoke shops. This was supported by emails between the company and smoke shop employees
- The company’s marketing campaigns were directed at young people who attend concerts and parties, not just consumers or sellers of whipped cream
Evidence also included records of past deaths and injuries of those abusing the product.
The jury divided the liability for Politte’s death:
- 70% United Brands Products Design Development
- 20% The smoke shop that sold the driver, Geiger, the Whip-It! canisters
- 10% Geiger
The jury put the damages award at $745 million.
Company Fails to Convince Jury They’re Not to Blame
United Brands argued that Geiger is the only one to blame for Politte’s death because he abused the product and ignored a warning on the package advising purchasers against inhaling Whip-It! The jury may have been more sympathetic if not for the evidence that most of the product’s sales and profits came from illegal users and was distributed so they could easily purchase it.
The company’s attorney claimed they were no more responsible than Anheuser-Busch would be for a drunk driving crash. That company could be liable if:
- Management knew most of their sales were to illegal users (underage drinkers, for example)
- The company actively marketed its beer to them
- Their beer was distributed to stores that sold to underage drinkers and
- An underage Anheuser-Busch beer drinker caused the accident
When multiple defendants are in a case, they often dispute the accident victim’s case and blame the other defendants to try to reduce a jury verdict award against them.
Depending on the facts of your case, it may not be just the person behind the wheel causing your accident and injuries. If you retain The Fleck Firm after a vehicle accident, we’ll investigate what happened, who was involved, how it happened, and why. We may find that multiple parties played a role, and they may contribute compensation for your injuries.
Speak To a Kentucky Accident Lawyer Today
Have questions about your legal rights to compensation because a driver under the influence of alcohol or drugs caused your injury? If so, contact The Fleck Firm at (270) 446-7000 and schedule your free consultation. We’ll discuss your accident, how Kentucky law may apply, and your best options going forward. Insurance companies have lawyers. You should have one, too.
