Liability for Drug Overdoses

Accidental or intentional. By illegal drugs or prescription medication. A new user's mistake or a body succumbing to repeated drug abuse.

The details may vary on drug overdose deaths, but the destruction is a constant. Like ripples from a stone tossed into a lake, the effects of fatal overdoses by drug users tend to spread far and wide beyond the victims. The fallout for friends, family, and others can go beyond the emotional.

When a person dies from something other than natural causes, state and federal laws can determine if someone is responsible. Americans are grappling with the growing fentanyl public health crisis. Law enforcement is trying to stop the flow as early as possible.

Suppliers of controlled substances are targeted by the DEA. They face criminal prosecution for the deaths caused and other drug crimes. Those convicted often receive hefty prison sentences for overdose deaths traced to their product and charged as drug-related homicide.

Those consequences are criminal. What about civil repercussions? Are you liable for a wrongful death suit if you're with a friend when they overdose? If they were at your house? If you hesitated to call 9-1-1 because you were carrying illegal drugs as well? The answer is that there's no simple answer.

Pointing the Finger of Blame

A wrongful death suit is different than a criminal case. Even if the person in question wasn't convicted in a criminal court, a civil wrongful death case or out-of-court settlement can find them liable for damages. Perhaps the most famous example of this is the ongoing battle between Purdue Pharma and the families of both illegal and prescription opioid overdose victims.

The Sackler family, founders of the company, have never faced criminal charges for any overdose deaths associated with their products. Yet they agreed to a settlement of about 8 billion dollars in exchange for sweeping immunity from further lawsuits and no admission of fault. In 2024, the Supreme Court of the United States struck down the agreement.

Wrongful death suits hinge on proving liability through either misconduct, negligence, or both. For the case to meet the burden of proof, the plaintiff is required to meet the following elements:

• To show a person died
• To prove the defendant owed the decedent a duty of care
• To show beyond reasonable doubt that either the defendant's intent to harm or negligence (or both) was the cause of the person's death
• To show that the surviving family members are suffering monetary injury/loss as a result of the death

In criminal cases, the state is tasked with showing that the overdose wouldn't have happened if the defendant hadn't made the opportunity possible. If law enforcement traces the drugs back to the supplier, they have met their burden.

For example, under New Jersey law the manufacturer of an illegal drug faces criminal liability for any deaths associated with their product. Even if a dose of methamphetamine passes through several drug dealers before ending up in the victim's body, the person who manufactured and originally distributed the meth is liable for the death.

For civil liability involving overdose deaths, it's not always such a straight line.

Different States, Different Laws

While federal laws apply everywhere in the U.S., state laws vary. Most states have Good Samaritan laws that protect people trying to save an overdose victim's life by administering naloxone or calling 9-1-1. For example, the New Jersey Overdose Protection Act grants immunity to those trying to save the life of someone suffering an overdose.

People are often immune to prosecution for any illegal drugs they might have themselves or for mistakes made while attempting life-saving measures. When someone's life is on the line, fearing criminal charges could cause a deadly delay.

There is also variation in how each state treats social host liability. Hosts can be found liable for a guest who drank at their house and then got in an accident after leaving. Some states have extended with to drug use as well. OWI/DUI charges due to impairment, regardless of the intoxicant. Other issues that can target a host for liability include:

• Minors using drugs
• Allowing any illegal drug use
• Providing drugs (illegal or legal)

Another factor that differs from state to state is whether or not the host was aware of the drug-related usage in their home or business. If they were aware of drug use but did nothing to prevent it, their recklessness in allowing it to happen may fall under negligence.

Do the Right Thing

There are no winners when someone dies from an overdose of illegal or prescription drugs. You should never hesitate to offer medical assistance if you have the opportunity to save someone's life. In most cases, your efforts show good faith and will protect you from repercussions.

Proving liability in an acquaintance of someone who overdosed is difficult. The burden of proving negligence or misconduct is challenging. Those around the victim may have done everything possible to save their life.

Whether that's true or not, it's of little comfort to the victim's loved ones. Their special person is gone, and at times it's uncertain who's to blame. If you have questions following the overdose death of someone close to you, a personal injury attorney can address your difficult questions and offer legal advice.

Related Resources:

• Sacklers Say They're Willing To Part With $6 Billion To Settle Opioid Lawsuits (FindLaw's Federal Courts Blog)
• Will You Be Charged for a Friend's Overdose? (FindLaw's Law and Daily Life Blog)
• Can Doctors Be Liable for Patient Overdoses? (FindLaw's Law and Daily Life Blog)