Kratom, sold in smoke shops and gas stations across Atlanta, Savannah, and Marietta, is marketed as a safe supplement but has caused severe injuries and deaths due to overdoses or toxicity from its active compounds, mitragynine and 7-hydroxymitragynine (7-OH-MG). The CDC links kratom to over 150 deaths since 2017, with risks like seizures, liver failure, respiratory depression, and addiction, often tied to mislabeled or contaminated products.
In Georgia, you can sue for kratom overdose or toxicity under product liability laws (O.C.G.A. § 51-1-11) or wrongful death statutes (O.C.G.A. § 51-4-2) if the product was defective, lacked adequate warnings, or caused harm due to negligence. However, the 2025 Georgia Tort Reform Law (Senate Bill 68, effective April 21, 2025) complicates these lawsuits with stricter liability rules and damage caps, making experienced legal representation essential for victims in Fulton, DeKalb, or Cobb Counties.
Led by Matt Wetherington, a Georgia Super Lawyer, the Georgia Wrongful Death Attorney P.C. has recovered over $100 million for victims, including kratom-related cases. If you’ve been harmed by kratom, contact us for a free consultation. Call our kratom lawsuit attorneys at (404) 888-4444 or fill out our free consultation form today.
Grounds for a Kratom Overdose or Toxicity Lawsuit
To sue for kratom overdose or toxicity lawsuit, you must prove:
- Defective Product: The kratom was defectively designed (e.g., excessive 7-OH-MG potency), manufactured (e.g., contaminated with fentanyl), or marketed (e.g., lacked warnings about overdose risks).
- Causation: The defect directly caused the overdose or toxicity, such as mitragynine triggering a seizure, as confirmed in cases like Ethan Pope’s 2021 Georgia death.
- Damages: You suffered losses, like medical bills, lost wages, emotional distress, or, in wrongful death cases, funeral costs and loss of companionship.
- Liability: The defendant (e.g., manufacturer, retailer) was negligent or strictly liable for selling a dangerous product within 10 years of manufacture (O.C.G.A. § 51-1-11).
Example: In Athens, Maya suffered seizures after an overdose from a kratom extract bought at a vape shop. Her toxicology report confirmed 7-OH-MG toxicity, supporting a lawsuit against the retailer for inadequate warnings.
Who Can Be Held Liable in a Kratom Toxicity Claim?
Multiple parties may be responsible for a kratom overdose or toxicity:
- Manufacturers: Liable for producing defective or high-potency products, like those with unsafe mitragynine levels.
- Distributors: Responsible for supplying contaminated or misbranded kratom.
- Retailers: Liable for selling unsafe products without warnings, such as Midtown Atlanta smoke shops.
- Advocacy Groups: Potentially liable for misleading safety claims, like the American Kratom Association.
- Online Platforms: Liable if they hosted false advertisements promoting kratom as “safe.”
Example: In Marietta, Jamal’s brother died from a kratom overdose. His attorney sued the manufacturer and a Cobb County retailer, proving the product lacked overdose warnings, leading to a successful claim. A kratom lawsuit attorney can help injured plaintiffs seek justice and compensation for kratom injuries.
Key Considerations for Filing a Kratom Lawsuit
Legal Challenges
- Unregulated Industry: Kratom lacks FDA approval, complicating proof of defects or contamination.
- Causation: You must link mitragynine or 7-OH-MG to the harm, often requiring toxicology reports and experts, as in Ethan Pope’s case.
- Tort Reform: The 2025 law restricts medical cost evidence to actual payments, caps punitive damages at $500,000 ($1 million for intentional misconduct), and uses bifurcated trials, reducing awards and delaying evidence access (O.C.G.A. § 51-12-5).
- Statute of Limitations: You have two years from the injury or death to file (O.C.G.A. § 9-3-33), requiring swift action.
Evidence Needed for Kratom Lawsuit
To build a strong case, collect:
- Kratom packaging, receipts, and lot numbers.
- Medical records and toxicology reports from hospitals like Emory or GBI autopsies.
- Witness statements from family or friends.
- Digital evidence, like ads claiming “safe use.”
- Expert testimony from toxicologists or pharmacologists.
Example: In Savannah, Nina’s liver failure was linked to kratom toxicity. Her attorney used a toxicology report and FDA warnings to prove causation, securing a settlement despite tort reform’s limits.
Steps to Take if You Suspect Kratom Injury
- Seek Medical Care: Visit a hospital (e.g., Piedmont Hospital) for treatment and toxicology tests to document toxicity or overdose.
- Preserve Evidence: Save kratom products, receipts, and labels. Record the purchase, save receipts, and document use.
- Consult an Attorney: Hire a Georgia attorney with kratom lawsuit experience to navigate tort reform and the two-year statute of limitations.
- File a Claim: Your attorney files an insurance claim or lawsuit, targeting liable parties.
- Prove Your Case: Use medical records, product testing, and experts to prove defect, causation, and damages.
Example: In Roswell, Liam’s attorney filed a lawsuit after a 7-OH-MG overdose, using product testing and medical records to prove a manufacturer’s negligence, overcoming a low insurer offer.
Why You Need a Kratom Attorney
Kratom overdose and toxicity lawsuits are complex due to scientific challenges, industry defenses (e.g., claiming user misuse), and tort reform’s restrictions. An experienced opms kratom injury attorney:
- Gathers evidence like GBI autopsy reports and FDA warnings.
- Counters defenses with product testing and expert testimony.
- Navigates bifurcated trials and discovery stays under tort reform.
- Maximizes recovery by targeting multiple defendants.
Act Quickly
The two-year statute of limitations (O.C.G.A. § 9-3-33) and tort reform’s discovery delays make early action critical. Contact a Georgia kratom wrongful death attorney to evaluate your case and preserve evidence like kratom packaging and medical records. Call our kratom lawsuit attorneys at (404) 888-4444 or fill out our free consultation form today.