§ 11-103 — Compensation for injury caused by the illegal sale of controlled substances

§ 11-103. Compensation for injury caused by the illegal sale of\ncontrolled substances. 1. (a) Any person who is injured in person,\nproperty, means of support or otherwise by a person whose abilities are\nimpaired by the use of a controlled substance, or by reason of such\nperson's impairment, shall have a right of action against any person who\ncaused or contributed to such impairment by unlawfully selling to or\nunlawfully assisting in procuring a controlled substance for such\nperson.\n (b) In any such action, the injured person shall have a right to\nrecover actual and exemplary damages.\n 2. In case of the death of either party, the action or right of action\ngiven by this section shall survive to or against his or her executor or\nadministrator, and the amount so recovered by either a husband, wife or\nchild shall be his or her sole and separate property.\n 3. Such action may be brought in any court of competent jurisdiction.\n 4. In any case where parents shall be entitled to such damages, either\nthe father or mother may sue alone therefor, but recovery by one of such\nparties shall be a bar to suit brought by the other.\n 5. The term "controlled substance" when used in this section, means\nand includes any substance listed in section thirty-three hundred six of\nthe public health law.\n