Q: Can I bring a civil suit against the woman who sold my daughter OxyContin?
A colleague (lives in Harford County) of my daughter (lives in Cecil County), sold my daughter Rx OxyContin for almost a year. The seller is a known doctor-shopper and drug seeker, and through her actions of selling her Rx has contributed to my daughter’s ongoing ill physical and mental health, and serious problems with her job and family.
A: You cannot sue on behalf of your adult daughter, nor have you personally suffered a damage that would allow you a direct lawsuit against this person. Your daughter is the alleged victim of this wrongdoing, so she would have to sue in her own name against the responsible party. The problem with her doing so is that nobody held a gun to her head and made her illegally purchase and ingest this controlled narcotic drug. She was an equal participant, certainly in the beginning before becoming addicted, in the illegal purchase, possession and use of the drug. The doctrine of assumption of the risk, and her own intentional/negligent acts in engaging in these illegal activities and contributing to her own addiction, will bar her from claiming damages against this other person. In addition, if your daughter has not already be charged with any crimes arsing out of her illegal purchase and possession of this drug, then she would have to admit guilt to these crimes to pursue her claim, and expose herself to potential criminal prosecution. Your broadcasting of her crimes, however well intentioned, may attract unwanted attention to her criminal involvement and result in her arrest and possible incarceration.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.