Pubdate: Sun, 13 Jan 2008
Source: Winnipeg Sun (CN MB)
Copyright: 2008 Canoe Limited Partnership
Contact:  http://www.winnipegsun.com/
Details: http://www.mapinc.org/media/503
Author: Joyanne Pursaga
Bookmark: http://drugnews.org/people/Sandy+Bergen  (Sandy Bergen)
Bookmark: http://www.mapinc.org/find?241 (Methamphetamine - Canada)

ADDICTS MUST ACCEPT BLAME

Court Ruling That Allowed Meth Head To Successfully Sue Dealer Is Ridiculous

If you get so high that you seriously injure yourself, who is to blame?

According to a recent ruling that may be the first of its kind in 
Canada, it may just be your drug dealer.

Just last week, a woman and former crystal meth addict won a 
negligence lawsuit against her accused supplier.

According to the Canadian Press, Sandy Bergen overdosed on meth a few 
years ago in Biggar, Sask., and wound up in a coma.

Bergen alleged Clinton Davey gave her the drugs. She launched a 
lawsuit against him, along with her parents, in 2005.

The ruling in question was not the result of a full trial. But its 
"unopposed" take on Bergen's claim will lead to a hearing that 
decides what damages she will be awarded.

And that is ridiculous.

Why should we extend so many privileges to admitted drug addicts, as 
Bergen was, that they can hold their alleged dealers legally liable 
for drug-related injuries?

It's a safe assumption those who choose to buy and use illicit 
substances know they are breaking the law. This is one of many good 
reasons why they shouldn't be able to use the same justice system 
against the person who sold that illegal purchase.

NO FORMAL TRIAL

Unfortunately, this case did not go through to a formal trial and we 
can't say whether the alleged pusher actually is guilty of any crime.

Holding those who buy and use drugs accountable for those choices 
should not be seen as downplaying the danger and seriousness of 
addiction. Those with lives spent waiting for the next fix often hurt 
their loved ones and sometimes commit crimes.

OWN UP TO YOUR ACTIONS

And those who find the courage to kick their habit have a right to be 
proud of that feat. But isn't owning up to your own actions a key 
part of recovery?

Addicts aren't innocent victims worthy of compensation for bad drugs. 
If you pay for something clearly illegal, that deal takes the term 
"buyer beware" to a whole new level where quality control does not apply.

Bergen said the drugs she took one day in May 2004 had painful 
effects immediately after consumption. She recalls her legs and arms 
turned blue as she sweated and threw up.

She eventually had a heart attack. Within days, her heart, liver, 
kidneys and lungs failed and she fell into a coma.

There's no doubt this was a very painful, and potentially lethal, 
experience. But this meth user made a choice that could have killed 
her and that decision is at least partly to blame for the consequences.

Bergen became hooked on crystal meth at the age of 18 and she, along 
with all drug users, should own up to that decision. She should take 
personal responsibility for the consequences, not sue her supposed salesman.

Anyone who buys drugs should be aware those substances could be laced 
with just about anything, from laxatives to laundry detergent.

UNBELIEVABLE

And virtually every adult has been warned these harmful and often 
toxic substances could kill in a single dose. That's why it seems 
almost unbelievable, even shocking, that this lawsuit succeeded.

It's about time people took responsibility for their actions and 
their own mistakes. If the alleged drug dealer in this case is 
actually guilty of selling drugs, he deserves to pay for that crime in jail.

But if we point the finger at drug dealers for every harmful side 
effect experienced by their users, substance abusers are cast as 
innocent victims, not participants in their own habits.

While this was not a formal trial, Bergen also remarked that she 
knows of several people looking to follow her lead.

And she hopes they will be inspired by her own success.

"It definitely sends some sort of message now because other people 
can sue people and hit them where it hurts and take their assets and 
any money they've made from drug dealing," said the woman who was 
left with long-term heart damage from her drug-induced coma.

Sure, hitting drug dealers' illegally-padded wallets could make the 
trade appear slightly less desirable to other law-breakers. But this 
ruling offers only excuses for drug users, those who create the 
demand that makes these suppliers so profitable.

This ruling indicates there's no need to take responsibility for the 
pills, injections and powders you've consumed to alter your senses 
because any damage you do is clearly the fault of your dealer.

Addiction may be a disease but it could never start without that 
first snort, smoke or needle. And this ruling sends a dangerous 
message by excusing drug use and shifting the blame to anyone but the user.
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MAP posted-by: Jay Bergstrom