First-ever wrongful death suit against candy maker part of growing pains associated with legalized marijuana.
Last month, the first-ever wrongful death suit against a cannabis candy maker was filed by a Colorado family. Though legal experts agree that the lawsuit is a long shot, nonetheless it is interesting to consider this case as part of the growing pains that will continue to come as marijuana transitions from an illegal drug to legitimacy in various parts of the country.
The case involved the death of Kristine Kirk, a Denver woman who was shot and killed by her husband in April of 2014. In a 911 call recorded the day of her death, Kristine Kirk reported that her husband, Richard Kirk, was freaking out about the apocalypse and begging her to shoot him. He was in possession of a loaded gun. While Kristine Kirk was still on the line with police, a shot rang out. She had been killed by her husband in front of their three children. Richard Kirk has been charged with first-degree murder and is now pleading not guilty by reason of insanity.
Cannabis Candy Triggered Shooting, Family Alleges
In the wrongful death lawsuit, the Kirk children allege that the shooting occurred as a result of the influence of cannabis candy their father had consumed. They further allege that because the maker of this candy, Gaia’s Garden LLC, failed to provide proper warnings regarding the potential for cannabis edibles to trigger paranoia, psychosis, and hallucinations, the candymaker should be liable for their mother’s death.
The candymaker has denied liability on the grounds that their packaging complies with all state requirements regarding the labelling of cannabis edibles. Their defense attorney also stated that it is unreasonable for the Kirk family to allege that their father was unaware that marijuana can cause impaired judgment, as the effects of marijuana are common knowledge.
Legalization of Marijuana Brings Growing Pains
This case just goes to show the sort of growing pains that may be expected to occur as marijuana transitions from an illegal drug to a legal substance. While a provider of an illegal drug is hardly subject to product liability issues, a legitimate candymaker certainly is.
Have You Lost a Loved One Due to a Defective Product?
If you have lost a loved one in an incident related to a defective product, experienced wrongful death attorney Fernando D. Vargas can help you seek compensation. Attorney Vargas handles wrongful death cases related to product that are defective in their design, their manufacturing, and their labeling, marketing, or advertising. Call us at 909-982-0707 now to discuss your case during a free initial consultation.
