Legal Question in Product Liability in New Jersey

Alcoholic Beverages linked with Heroin Drug Death

My 36-year-old-girlfriend became unconscious after she drank 2-quarts of wine followed with heroin snorting. Because of no warning label or warning instruction pamphlet with the wine beverage, I left my girlfriend on the floor for 13-hours, thinking that wine wears off, but instead my girlfriend died. May I sue for product liability or consumer liability, since wine should carry a warning that if anyone uses drugs after drinking wine, they may become onconscious and die, and emergency medical help should be summoned immediately.


Asked on 9/10/02, 7:02 pm

2 Answers from Attorneys
Evan Levow Lutz, Levow & Costello, P.A.

Re: Alcoholic Beverages linked with Heroin Drug Death

I am sorry for your loss.

If her death was recent, you may also need a criminal defense lawyer. There is a statute that allows the State to charge you with a homicide crime for sharing drugs with her. Don't talk to the police regarding this issue before speaking to an attorney. Please call me if you have any questions regarding this issue.

As for liability, I don't see a strong case. Drinking two bottles of wine with heroin wouldn't play well in front of a jury, which is where you would end up with this. Suing the alcohol industry with this claim would be extremely complex with little likelihood of success, in my opinion.

One defense would be -- "Drugs are illegal. Why should we warn against things that a person isn't allowed to be doing anyway?"

Again, I am sorry for your loss.

I wish you the best.

Please call with any quesitons. 888.777.0455

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Answered on 9/11/02, 4:33 am
Scott Diamond DIAMONDLAWYER

Re: Alcoholic Beverages linked with Heroin Drug Death

I do not believe that you have a case woth pursuing. Should the wine bottle have a warning not to do heroine? You should consult a criminal attorney as to your rights since you were present when the situation occurred and there is the potential of criminal action against you.

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Answered on 9/11/02, 10:37 am


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