§ 34-24-4-8 — Comparative liability of individual drug user as plaintiff

Indiana § 34-24-4-8

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 24: CIVIL PROCEEDINGS RELATED TO CRIMINAL
• Ch. 4: Drug Dealer Liability

Text

(a) An action by an individual drug user
brought under this chapter (or IC 34-1-70 before its repeal) is governed
by the principles of comparative liability under state law. Comparative
liability attributed to a plaintiff does not bar recovery but diminishes
the award of compensatory damages proportionally according to the
measure of responsibility attributed to the plaintiff.
(b) The burden of proving the comparative liability of the plaintiff:
(1) is on the defendant; and
(2) must be shown by clear and convincing evidence.
(c) Comparative liability may not be attributed to a plaintiff who is
not an individual drug user.
[Pre-1998 Recodification Citation: 34-1-70-15.]

Legislative History

As added by P.L.1-1998, SEC.19.