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Hello. Last August I took my 17 year old son in for a massage. He had been struggling with major depression issues and was also cutting. He was seeing both a counselor and a pediatric psychiatrist. One of their recommendations was to find tools that would help alleviate my son's stress and anxiety...one of which was massage therapy. I took him to a local Massage Heights facility and he had a 90 minute massage. Three days later, my son overdosed on a number of drugs...all of which were bought from the massage therapist and her brother. Both of them are adults. Since then, we have been doing everything medically necessary to help our son and we are drowning in debt as insurance won't pay much for the ongoing medical care costs for our son. We are now in debt around $100 K. We are unable to get a loan. I believe the company is liable, in part, for my son's overdose and medical expenses. I just need some guidance. We live in the Dallas area of Texas.
Optional Information: Country relating to Question: United States State (if USA): Texas Already Tried: I've tried talking to the owner. I have evidence on my son's phone as well. I even went and tried speaking to the owner with the employee who sold my son the drugs.
Is there a specific question I could assist you with?
Can I sue them to help with medical costs?
You can sue them, you can certainly sue the employees that were involved, but whether you can be successful suing the actual business will depend on what is revealed during discovery. If they knew that their employees were doing this, or failed to do proper background checks, or something else that was negligent then you would almost certainly be able to recover. You have to prove they were somehow negligent or took part in it otherwise they wouldn't be automatically liable for their employees since selling drugs wouldn't be "in the course and scope of their employment.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.
I showed the owner the texts and emails from the employee and she stated that she did give my son her cell phone number and that she DID offer him drugs "to help him feel better", but that drugs were never given/bought...she states she only said that to my son to get him to come over to her house because she was worried about him and wanted to make sure he was ok. His tox screen was positive for multiple drugs as well as he had them in his possession....
all of which is what she offered to sell him.
The owner said that the owner offered him drugs?
the employee did...stated this in front of the owner when I confronted her.
You are going to have to somehow get the negligence onto the company to be successful against them. If the owner knew about the drugs ahead of time, knew the employee dealt drugs, etc. then you can get to them but not just because their employee sold drugs.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.
Experience: Began practicing law in 1992
If it was your son, what would you do and what kind of attorney would you suggest?
I would sue because there is a good chance it has happened before or that the owner failed to check out the people that were working there.Look for an attorney who does personal injury trial law.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.