If I do janitorial work and was stuck by a used needle that someone carelessly threw away in a trash can, can I insist that they get their blood tested?

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If I do janitorial work and was stuck by a used needle that someone carelessly threw away in a trash can, can I insist that they get their blood tested?

It was a needle used for a diabetic insulin injection. I’ve already been to a clinic. We know who’s needle it was; the man has already admitted it was his and “expressed his sympathy”.

Asked on December 10, 2014 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you can't: there is no legal basis for requring a person to undergo a blood test because they were negligent in discarding needle. More generally, there is no legal basis for any legal action at all against that person unless and only if you discover that you were injured or made ill by the needle--in that case, you could sue him for your injury and could potentially gain access to his medical redords.


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