If I have to give UA to county and it will be clean can i sue them ?

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If I have to give UA to county and it will be clean can i sue them ?

had baby, hospital did UA said traces of cannibus, I am a non-user, I researched it and a false reading can show fron ibprofin and prenatal vitamins and homopathic earbs (teas) can show false reading,county wants random UA, I have done nothing wrong

Asked on May 31, 2009 under Criminal Law, Minnesota

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You can always sue.  The question is really framed properly as follows:  Can you win, can you recover damages, and can you find a lawyer to take your case.  First, you probably will not be able to win this type of lawsuit.  In order to win a civil suit, you generally would need to show that the person you are suing was either negligent or reckless in some manner, and that the negligence caused you some type of injury.  A false reading from a urine test, operating within a margin of error, would probably not meet this standard.  

Second, it is unclear whether you have suffered any damages outside of having to submit to random urinalysis.  Although I am sure that this is annoying, a jury would be unlikely to award damages in an amount that would justify, from a financial perspective, bringing this type of suit.  If, on the other hand, you lost custody of your child as a result of a false positive, this type of situation could give rise to more serious damages.

Which brings me to my third point.  If you were to hire an attorney to bring this type of action and you paid the attorney on an hourly basis, chances are you would spend far in excess of any amount that you would ever recover.  On the other hand, it is unlikely that you would be able to hire an attorney on a contingency (you only pay if you win) basis, due to the small amount of any potential damages.

For the above reasons, I think that unless there are some additional facts present (i.e., county knowing that it was a false positive, or, that you have lost custody of your children) i do not think that you have a strong civil lawsuit in this instance.


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