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A former addict has opened a new front in the war on illegal drugs by successfully suing her dealer for selling her crystal methamphetamine that almost killed her.
Sandra Bergen, 23, won her case against a former nursery-school friend who sold her the highly addictive drug, triggering a heart attack that left her in a coma for 11 days.
The ground-breaking suit exposes drug-dealers to legal jeopardy not just from the often-overburdened police but also from their customers, who can easily identify them.
“It’s bigger than me and it’s bigger than this guy,” Ms Bergen told Canada’s CTV.
“I think it’s a different way to hit drug dealers financially, and that is where it would really hurt them.
“I have gotten sober. I think that’s taking responsibility for my actions. I don’t think I should have to take responsibility for both of our actions. I think he should meet me half way. That’s what this lawsuit is about,” she said.
Calvina Fay, director of the Drug Free America Foundation, suggested the case could offer a new avenue to pursue drug dealers. “This obviously sets a precedent, but it also makes the public aware of this whole concept. It’s a way of holding drug dealers responsible for their actions,” she said.
Ms Bergen, from Biggar, Saskatchewan, in Canada alleges that her nursery-school classmate Clinton Davey got her addicted to crystal methamphetamine by offering her a free dose when she was only 13 years old.
She said she was drug-free for eight months before she met him at a friend’s house shortly before her 20th birthday in 2004.
“Prior to taking the drug, I was very nervous because I had to appear in a sexual assault trial where I was the victim. So I was having a bad day, you might say,” she said.
“Usually what he does is he offers you some for free because he knows you are addicted. Once you have some, he offers to sell you some.
“He told me to go over to his grandmother’s house. That’s where I went. We did drugs together there. Then I got him money for the drugs... We smoked some. Then I had symptoms of a heart attack.”
Ms Bergen, who maintains an anti-drug website and speaks to schoolchildren on the perils of illegal drugs, complained that the police showed little interest in pursuing Mr Davey.
“With the criminal justice system, there wasn’t much of an investigation. Me and my family were very frustrated so we found a different way to hold him responsible through the civil justice system,” he said.
In her legal claim, Ms Bergen said Mr Davey knew the drug was highly addictive and the sale of the drug was “for the purpose of making money but was also for the purpose of intentionally inflicting physical and mental suffering on Sandra”. She also named as a defendant the unknown supplier, named only as “John Doe”, from whom Mr Davey got the crystal methamphetamine.
Mr Davey filed a defence statement denying all the allegations and insisting that Ms Bergen “did assume the risk to her person when she voluntarily ingested the illegal drugs”.
But Mr Davey stopped contesting the lawsuit when he was ordered to name his supplier, “John Doe”, during pre-trail discovery. He refused to do so, putting him at risk of a contempt-of-court charge. The judge then entered a default judgment against him.
Damages will be decided at a future hearing. Ms Bergen is claiming $50,000. “I don’t really expect to gain much financially,” she said.
“But I do know of one family that’s awaiting the verdict on this case so they can go ahead with a similar one and find a lawyer to take it on.”
Ms Fay of Drug Free America noted that some US states had introduced “Drug Dealer Liability Acts” allowing drug-users and their families to sue suppliers. But few cases have been brought so far.
Gwen Landolt, a lawyer and vice-president of the Drug Prevention Network of Canada, said such lawsuits would be useful in reining in the drug trade. But she said the case hinged on an unusual set of facts and voiced scepticism that courts would routinely hold dealers responsible for drug-taking by users.
“It could be very useful that there would be criminal and personal liability,” she said. “But it’s not the normal set of facts.”
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Very few addicts are likely to pursue dealers, who are just the lowest-level representatives of organized crime. It could be a dangerous way to make a little money.
The notion of a legal obligation on drug dealers to carry some form of malpractice insurance is just silly; it does of course make a difference that the trade is unlawful. Even if this were not the case, which insurance company does he imagine would touch such risks with a bargepole, even assuming that any of the dealers would waste money on it? It would certainly make the lives of drug squad officers everywhere much easier if all they had to do to identify dealers was check their insurance cover...
Cheryl Kane, St. Albans, Hertfordshire
I hate when people run stories and don't state all of the facts. There is a lot about this story that isn't in the news. I agree that dealers shouldn't be held responsible for a addicts addiction but in this case is a lot different. The dealer tried to OD her to stop her from testifying against his friend in the sexual assault case.
Mr. E, Edmonton,
Only in America? Well the young lady is Canadian for a start, but more to the point, why not? In specific cases where it can be shown that there was a degree of enticement on the part of the dealer -a free sample for instance - surely this is not the same as a routine street drug buy. Broadly speaking if you go into a shop and buy something then you have your statutory rights, if someone calls round your house and sells you goods or services then, in law at least, you are entitled to more protection.
Mark , London,
she says 'I think thatâs taking responsibility for my actions. I donât think I should have to take responsibility for both of our actions'
She calls this taking responsibility for her own actions? This person didn't hold her down. She needs to stop blaming other for her choices that led to what happened. As a former adict, I'd be rich if I sued ever dealer who sold me dodgy gear which led to seriious medical problems. MY fault, MY doing. I took the drugs and could have said no, same as this women.
This is not taking responsibility, it's called trying to find a way out by blaming it on someone else. Yes, dealers are scum, but we choose to seek them out. without the buyers, there'd be no dealers.
Lee, Brisbane, Australia
Billy
In what way is going clean, running an anti-drugs website and talking to schoolchildren on the dangers of drugs not dealing with the consequences?
Crystal meth is an immensely addictive drug and dealers know full well what they're doing when offering people samples. I don't see why they shouldn't be held responsible for this. It would just mean they are being treated in the same way any other supplier and would encourage them to act responsibly.
Iain, London,
This is pretty much akin to asking someone to beat you up and then suing them. It *may* be understandable where the family of an addict sue, but not the former addict themselves.
Ridiculous, truly ludicrous. I'm surprised that the anti-drug charities associated so much with Bergen's case: where it may otherwise be logical for them to support her, surely they can see that many normal people are going to read about this and regard the legal action as totally stupid. I'd say 'Only in America...' but then realise that it could easily happen (and probably will happen now) in the UK as well.
Nick, Brighton, UK
Dealers should be held liable in both civil and criminal law for the QUALITY of the drugs that they sell.
John McAllister, Bristol, England
Billy, I'd be interested in seeing the stats on how many people who drink alcohol who subsequently become addicted, versus how many people using crystal meth who subsequently become addicted.
M.Chat, London,
A perfect example of the "Somebody elses fault" culture
No love - its your fault for getting hooked on drugs, be they legal or illegal
Deal with the consequences - like everyone else
billy , Cardiff , Wales
So, Bjarne, pubs and clubs should post health warnings hould they. And beer companies should stick "addiction warnings" on their bottles should they?
Besides that how can she prove that it was the drugs supplied by her firend that led to her additcion and not drugs supplied from elsewhere. Should alcoholics be able to sue their "locals" for fuelling their harmful addictions?
Absolute poppycock. Jake is 100% right. It is her own fault if she decided to take the drug in the first place and her own fault that she became addicted.
Billy Barnett, HK,
I severely disagree with Jake
If the substance is sold without a health warning, the vendor must be exactly as liable as a doctor or pharmacist who issues a prescription without a proper information.
The drug user can not in general be expected to have the knowledge to be able to asses the benefits and drawbacks of a specific drug. Iit must therefore be the responsibility of the seller to inform the customer about possible adverse effects.
Even the smallest pack of painkiller carries detailed information.
That the trade is illegal does not per se remove the responsibility.
It must become a legal obligation for all drug dealers to have insurance cover for any case of negligence.
Bjarne Jakobsen, Norwich, UK
This is absurd. If your doing drugs and land yourself in a coma, thatâs YOUR problem, not the dealers. The dealer sells you what you want. Agreed, the sale or consumption ( or use) of drugs is not good in any case, but its your own responsibility as far as what happens to you while on the drugs, not the drug dealers.
Jake, Texas, USA