Who Is Liable for Overdose Deaths in Sober Living Facilities?

Sober living facilities are meant to provide a stable, safe, and substance-free environment for individuals who are working on recovering from addiction. When an overdose death happens in one of these homes, there may be several liable parties, including the facility itself, property owners, and management companies.

Although these homes aren’t the same as medical facilities like hospitals or nursing homes, they do still have obligations to their residents and the loved ones who trust them to support their family members during recovery. If you’ve lost a loved one due to an overdose in a sober living home, you may have legal options – and we’re here to help. Call McNicholas & McNicholas, LLP to discuss your case with a wrongful death attorney.

What are sober living facilities, and what duties do they owe?

Sober living homes are structured as group residences that give people an environment free of drugs and alcohol. They’re generally intended for people transitioning out of rehabilitation or those who need more structure while moving away from using drugs and alcohol. These generally aren’t licensed rehab centers unless they provide licensable treatment or recovery services, so they often do not provide medical support. But they do still have legal responsibilities to those who live there.

In California, operators owe a duty to maintain reasonably safe premises, but the scope of that duty may depend on the specific level of supervision and services provided by each facility. In the context of a sober living home, that may mean following house rules, enforcing rules that support residents in their sobriety, and not misrepresenting the care available to residents.

The level of responsibility taken on may vary from facility to facility. For example, some may simply provide a structured living environment where drugs and alcohol are banned. Those that provide more structure and support may do regular monitoring, drug testing, and programming to keep residents engaged in other activities.

When an overdose may lead to legal liability

Overdose is a known risk in recovery settings. Those who are transitioning out of a rehab center may have a reduced tolerance for drugs or alcohol due to their period of sobriety beforehand. Because of the known risk that comes with living in a sober facility, courts may look at whether the harm was foreseeable and if the facility acted in a reasonable way to mitigate that risk.

Sober living homes can be held liable after a resident’s death if their actions or inaction contributed to the overdose. Some examples include:

• Not enforcing rules that prohibit drug and alcohol use
• Becoming aware of drug or alcohol use and allowing it to continue
• Ignoring warning signs of relapse or overdose risk
• Failing to respond immediately to a medical emergency

The facility isn’t automatically liable just because it happened on their premises; there are those who are determined enough to overcome all safeguards and protocols so they can engage in drug or alcohol use. But if a facility does not take reasonable steps to reduce risk and keep residents safe, then liability may become a factor.

Common forms of negligence in sober living homes

Negligence in sober living homes manifests in various ways, and any of them can lead to tragic and preventable losses:

• Lack of supervision or monitoring: There are some facilities that run with minimal or no oversight. Staff may be on-site for limited hours each day, with the residents then left to their own devices the rest of the time. While residents are expected to take responsibility for their own recovery, these facilities exist specifically to provide the structure and supervision needed to support sobriety.
• Failure to maintain a drug-free environment: If drug use is tolerated, ignored, or downplayed, it may be only a matter of time before overdoses happen. You may see this happen in facilities that are understaffed or that have seen so much rampant drug use that they become less and less strict regarding policy enforcement.
• Inadequate safety policies and enforcement: Many sober living facilities have rules meant to support sobriety, such as curfews, check-ins, and drug or alcohol testing. If a facility has these policies on paper but no one actually enforces them, they may as well not exist. People may feel emboldened to use drugs or alcohol, which may lead to overdoses.
• Failure to respond to overdoses: When someone overdoses, every second matters. If a facility does not call emergency services or use its emergency protocols when someone overdoses, it could be considered negligence.
• Misrepresentation of services: When choosing a sober living facility, families and residents often rely on what is advertised and promised; you can only learn so much from what is shown during an in-person tour. If the facility promises drug testing, daily check-ins, and daily activities, they should deliver on that. When a resident chooses a facility for those supports and instead gets a glorified roommate setup with minimal oversight, they may be set up to fail.

Who can be held liable for an overdose death?

Numerous parties can be held liable for overdose deaths in these facilities. Sober living operators and owners are often the party that’s ultimately responsible for policies, staffing, training, and adherence to policies. Property owners or landlords may be liable in cases where unsafe conditions on the property itself contribute to the incident. If a home is run by an outside management company or operator, they may be partially or fully liable. In cases where an individual is supplied drugs – or, in limited cases, alcohol – that individual may share liability. Your wrongful death lawyer can look into all potentially liable parties.

Wrongful death and survival actions in California

If an overdose results in death, eligible surviving family members may file a wrongful death claim against the at-fault parties. This type of claim seeks compensation for loss of financial support, loss of companionship, and other expenses related to the loved ones’ losses.

The decedent’s personal representative or successor in interest may also pursue a survival action. This isn’t focused on the harm suffered by surviving family members, but on certain losses the individual sustained before death.

Fight for justice with McNicholas & McNicholas, LLP

The loss of a loved one can leave you unsure of where to turn next, but California law allows you to seek accountability when sober living homes fail. Call us or contact us online to schedule a consultation now.