Overdose Deaths in Florida: Can you Sue For Negligence?

🚨 Understanding Liability in Overdose Deaths

In Florida, the law does not impose a general duty to rescue someone in danger unless a special relationship exists—such as a parent-child, doctor-patient, or legal guardian. However, if a person creates or contributes to a dangerous situation, they may be legally obligated to take reasonable steps to prevent harm, including calling emergency services.

This distinction becomes critical in cases involving drug overdoses, where a third party—often a boyfriend, girlfriend, roommate, or friend—may have played a role in supplying drugs or failing to act when the victim was in distress.

⚖️ Do You Have a Case for Wrongful Death?

Florida’s Wrongful Death Act allows immediate family members—such as parents, spouses, or children—to file a lawsuit if someone’s negligence or misconduct led to a loved one’s death. In overdose cases, this could include:

• A person who provided drugs to the victim

• Someone who failed to seek help despite knowing the victim was overdosing

• A host or homeowner who allowed drug use on their property

To succeed in a wrongful death claim, you must show that the third party’s actions were a proximate cause of the death. That means their behavior directly contributed to the fatal outcome.

🏠 What About Insurance Coverage?

If the overdose occurred in someone’s home, there may be homeowners or renters insurance coverage. These policies sometimes cover incidents of negligence—but many contain exclusion clauses for injuries “arising out of illegal drug use.”

Still, a skilled attorney may argue that:

• The policy language is ambiguous

• The injury did not “arise out of” drug use in the way the exclusion defines

• The exclusion violates public policy

Ambiguities in insurance contracts are typically construed in favor of the insured, which can open the door to coverage even in complex cases.

📝 Final Thoughts

If you’ve lost a loved one to a drug overdose and believe someone else contributed to their death, you may have legal grounds to file a wrongful death lawsuit. These cases are emotionally complex and legally challenging—but they can also bring accountability and closure.

You don’t have to face this alone. Speak with a Florida wrongful death attorney who understands the complexities of overdose liability and can help you explore your options. I invite you to contact me directly—I’m here to listen, guide, and advocate for you.