Does a homeowner or party organizer have responsibility for my medical expenses for injuries suffered as a direct result of brownies provided by the party organizers?

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Does a homeowner or party organizer have responsibility for my medical expenses for injuries suffered as a direct result of brownies provided by the party organizers?

I paid $35 to go to a July 1st party and ate a piece of a pot brownie the size of a sugar cube. The brownies were on display on the dessert buffet with a sign that said,

Asked on August 5, 2017 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The party organizers may be liable if you can show that they themselves either put out the brownies or at least knowingly tolerated what they knew, or logically should have known, to be drug-laced brownies. Based on what you write, there is a good chance you can do this: that the brownies were prominently displayed on a table with a sign strongly suggests the organizers or hosts put them out or at least knew they were out and allowed them to be there. (If a guest had, say, slipped you a brownie without any host involvement, then the hosts or organizers would not be liable--but that is not the situation you describe.)
However, bear in mind that a lawsuit has its own costs: even if you don't hire an attorney, you have the filing fee (relatively small, but still $50 - $200 depending on what court you file in); the loss of time from work (assume you will lose at least one full day from suing, possibly more). If you are suing for medical costs, remember, you can only recover your out-of-pocket medical costs: i.e. those costs paid personally by you, not by insurance, Medicare/caid, etc. You need to decide if seeking that amount of money is worth the cost and time of a lawsuit.


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