If my wife misses out on a job opportunity due to the screening lab’s negligence, do we have a viable case against the lab?

She went to the lab to give her urine sample for the drug test. This was three weeks ago. Every time my wife has spoken with the lab, they have given her a different story regarding why it is taking so long to process her test. Her potential employer informed her this morning that, if it takes much long, they will have to hire someone else and she will miss out on this job opportunity. We are very upset about the runaround the lab is giving us and their utter incompetence with processing a simple routine drug screen.

Asked on October 28, 2015 under Business Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your wife loses the job opportunity, she could sue the lab for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable lab would have exercised under the same or similar circumstances to prevent foreseeable harm).
Damages (monetary compensation) in the lawsuit for negligence would be lost income.


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