§ 12-104 — Recovery by persons other than illegal drug users

New York § 12-104

• Jurisdiction: New York
• Law GOB: General Obligations
• Art. 12: Drug Dealer Liability Act

Text

§ 12-104. Recovery by persons other than illegal drug users. 1. One or\nmore of the following persons may bring an action for and recover\ndamages caused by use of an illegal drug by an individual:\n (a) A parent, legal guardian, child, or spouse of an individual drug\nuser;\n (b) An employer of an individual drug user; and\n (c) A medical facility, insurer, governmental entity, employer, or\nother entity that funds a drug treatment program or employee assistance\nprogram for the individual drug user.\n 2. A person entitled to bring an action pursuant to subdivision one of\nthis section may be awarded damages from a person who knowingly\nparticipated in the chain of distribution of an illegal drug actually\nused by the individual drug user.\n 3. A person knowingly participates in a drug market if:\n (a) the place of the illegal drug use by the individual drug user is\nwithin a drug market target community of the defendant;\n (b) the participation of the defendant in such drug market was\nconnected with the same type of illegal drug used by the individual\nuser; and\n (c) the defendant participated in such drug market at any time during\nthe illegal drug use by the individual user.\n 4. A person entitled to bring an action under this section may recover\nthe following damages:\n (a) Economic damages including, but not limited to, the cost of\ntreatment and rehabilitation, medical expenses, loss of economic\npotential, loss of productivity, and support expenses;\n (b) Non-economic damages, including, but not limited to, physical and\nemotional pain and suffering, disfigurement, loss of companionship and\nconsortium;\n (c) Reasonable attorney fees;\n (d) Reasonable expert consultant and expert witness fees; and\n (e) Costs and disbursements as provided for in the civil practice law\nand rules.\n