Schenectady, NY asked in Civil Litigation and Personal Injury for New York

Q: Consumption by Fraudulent Means. Is there a law against this in NYS

I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial Lawyrers Association--they give free consultations.

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: Generally speaking, in New York, in order to recover damages for emotional distress, you need to demonstrate extreme and outrageous conduct and severe emotional distress. Here's an article I found online which you might find useful, https://www.findlaw.com/injury/torts-and-personal-injuries/intentional-infliction-of-emotional-distress.html Moreover, as my colleague correctly advised, unless the person who slipped you the illegal substance has assets, a civil lawsuit against him or her might result in nothing more than a paper judgment.

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