FALSE POSITIVE Q: As a condition of my probation sentence, I was required to submit to periodic drug testing. One day, the probation officer took an oral fluid sample and sent it to the lab – to determine whether my saliva contained illicit or controlled substances. In an erroneous written report, the lab informed the probation department that indeed my sample tested positive for marijuana. As a result, I was compelled to make multiple court appearances, and my probationary sentence was extended for many months. A: In the past, defendants such as the lab have contended that their only relationship was with the probation department – not with you. They have objected that, if the law would imposed a duty of due care running directly to you – a mere third party – this duty would be owed to an untold number of people and result in a crushing burden of limitless liability. In fact, the prospect of limitless liability is extremely small. The duty to do this testing and reporting with due care relates only to a narrow class of specific, readily identifiable individuals whose samples are accepted and tested. A falsely positive test may result in the loss of current employment, the forfeiture of retirement benefits and the elimination of prospective employment opportunities. It may bear heavily on child custody decisions. The erroneous test may have farreaching, permanent, and devastating effects on a person’s livelihood, family life and liberty. Yes, a drug testing laboratory may certainly be held liable in tort to the subject of a drug test for failing to use reasonable care under the circumstances, notwithstanding the absence of a formal contractual relationship between the drug testing laboratory and the subject of the drug test. 16 lehavre Courier | NOVEMBER 2013 | www.queenscourier.com “A Touch of Spain in Bayside” Entertainment by Harpist Victor Gonzalez Friday,Saturday & Sunday Playing Music of all Styles www.queenscourier.com 220-33 Northern Blvd., Bayside (3 blocks west of Cross Island Pkwy.) FREE PARKING PRIVATE FACILITIES For Business Meetings & Personal RESTAURANT Functions To 250 Persons Superb Spanish and Continental Cuisine Your Host, Mr. Cid Formerly of the Spanish Pavillion Open For Lunch and Dinner All Major Credit Cards Accepted AVAILABLE FOR PRIVATE PARTIES & CATERING OPEN 7 DAYS For Reservations: CALL (718) 423-0100 FAX (718) 423-0102 3 Catering Rooms For All Occasions Experience the personal touch. Affairs custom tailored to your needs Buffet or sit down for any size party. Dining Room & Ballroom Special Bridal Packages Catering for All Occasions up to 300 people • Weddings • Showers • Graduations • Anniversaries • Sweet 16 Birthday Parties Treat Your Palate to a Dining Experience of the THE QUEENS ank You to all who oted us Best of the Boro. We appreciate your patronage & support. Legally Speaking By: Scott Baron, Attorney at Law Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel.This article shall not be construed as legal advice Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878
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