Two friends were smoking crack and drinking.One of the friends died of overdose.When she passed out in his kitchen at 10 p.m.she was still alive and he laid her in his bed.He did not go back and check on her until 2:40 a.m. and she was dead.Can a negligence lawsuit be won since he did not call for medical assistance.She was 34 and left behind 2 childrenLaw advice Please help: Crack cocaine death and negligence?
Common sense tells me that he could have done something to keep her alive but didn't. Yes, negligence appears to be a factor. His mental condition at the time would be his defense.Law advice Please help: Crack cocaine death and negligence?
Depends on where you are and what judge you get. YES, he was negligent in not calling for help, but it has to be GROSS Negligence which is different. If he can prove that what he did was a normal reaction and that he just thought she was drunk and needed to sleep it off, probably not. Not to mention, if the guy was drinking and smoking crack, my assumption is that he doesn't have anything you could sue him FOR other than his crack pipe. If he doesn't have any $$ or assets it doesn't matter if you win a 3mil lawsuit, you would never see a penny.
Probably not, but only an attorney can truly know. If he was a doctor, possibly. Regardless, it will be tough to convince a jury that a mother overdosing on crack falls on the negligence of someone else on crack.
If it is something that you think should be pursued, have the representative of her estate (person handling who gets her stuff) talk with an attorney about it. Only her estate can pursue a lawsuit.
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