§ 16-124-104 — Damages caused by illegal drug use - Distribution

(a) One (1) or more of the following persons may bring an action in circuit court for damages caused by use of an illegal drug by an individual: (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user; (2) An individual who was exposed to an illegal drug in utero; (3) An employer of the individual drug user; and (4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user. (b) A person entitled to bring an action under this section may seek damages from one (1) or more of the following: (1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; or (2) A person who knowingly participated in the illegal drug market if: (A) The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; (B) The participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and (C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user. (c) A person entitled to bring an action under this section may recover all of the following damages: (1) Economic damages, including, but not limited to: (A) The cost of treatment and rehabilitation; (B) Medical expenses; (C) Loss of economic or educational potential; (D) Loss of productivity; (E) Absenteeism; (F) Support expenses; (G) Accidents or injury; and (H) Any other pecuniary loss proximately caused by the illegal drug use; (2) Noneconomic damages, including, but not limited to: (A) Physical and emotional pain; (B) Suffering; (C) Physical impairment; (D) Emotional distress; (E) Mental anguish; (F) Disfigurement; (G) Loss of enjoyment; (H) Loss of companionship, services, and consortium; and (I) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug; (3) Exemplary damages; (4) Reasonable attorney's fees; and (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

Legislative History

Acts 1995, No. 896, § 4.