Vape & E-Cigarette Injury FAQs

Claims on behalf of injured minors follow special procedural rules in Georgia. The statute of limitations is typically tolled (paused) until the child reaches age 18, though filing sooner preserves evidence. Any settlement on behalf of a minor must be approved by a Georgia court to protect the child’s interests. Our team handles minor-injury cases with particular care and diligence.

Yes, in appropriate cases. Under O.C.G.A. § 51-12-5.1, punitive damages are available when the defendant’s actions show “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” When a manufacturer knew of battery failure risks and concealed them, punitive damages are a powerful tool.

We retain forensic engineers and battery experts to inspect and test the device, subpoena manufacturer testing records and internal communications, obtain FDA inspection reports, preserve surveillance footage from the sale location, and document your medical records with board-certified medical experts. Our investigation is comprehensive and aggressive.

There are ongoing multidistrict litigations (MDLs) involving certain vaping companies. However, for catastrophic injury or wrongful death cases, individual suits frequently produce larger recoveries than class actions because individual damages can be fully litigated. We will advise you on the best legal strategy for your specific situation.

Georgia courts have jurisdiction over foreign defendants who sell products to Georgia consumers. Our attorneys pursue international manufacturers under both federal courts and Georgia state courts. We have experience working with forensic labs and international legal processes to build these complex cases.

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.

Your own health insurance or MedPay coverage under your auto policy (if applicable) can cover immediate expenses. In some circumstances we can arrange for medical providers to treat you on a medical lien basis, meaning you pay nothing out of pocket until your case resolves.

You can still pursue a claim. Our attorneys can trace the device’s chain of distribution through serial numbers, batch codes, purchase records, and retailer databases. Preserve whatever you have and call us right away.

Yes. Georgia law allows you to bring a product liability claim under O.C.G.A. § 51-1-11 against the manufacturer, distributor, and/or retailer of a defective vaping device. You may also have negligence claims. You do not have to prove the company was careless — you only have to prove the product was defective and that defect caused your injury.