How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100051
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

when a person supplies heroin to an adult, and the adult dies

Customer Question

when a person supplies heroin to an adult, and the adult dies from an overdose, is the supplier responsible for the death?
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your loss.

The answer is yes. First of all, dealing drugs in itself is illegal. A cause of action based on criminal activity is called a derivative tort. Ergo, the claim is based on the criminal conduct of defendant which resulted in injury.

In Illinois, "whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person ... would have been liable if death had not ensued, shall be liable to an action for damages." (740 ILCS 180/), also see Chrisafogeorgis v. Brandenberg, 304 NE 2d 88 - Ill: Supreme Court 1973.

Now, there is discussion as to whether or not the person who had passed away from an overdose acted strictly by themselves to make that choice as to whether or not to take the drug, but it also depends on whether or not the dealer knew that the drug was lethal, and/or if dealer knew that the person may overdose.

Such suits have been sometimes successful and sometimes not, and so far, no "pattern" can be established if such suits are guaranteed to be successful in any way. However, it may be filed and heard - yes.

Good luck.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.

Related Legal Questions