Can I still recover damages if the victim was using the vape device incorrectly?

Can I still recover damages if the victim was using the vape device incorrectly?

Potentially, yes. Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33. As long as the victim was not more than 50% at fault, they can still recover damages, though the award is reduced by their percentage of fault. A device that explodes during ordinary use should not create significant comparative fault issues.