Current with legislation from 2024 Fiscal and Special Sessions.
Section 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;(C) Loss of economic or educational potential;(D) Loss of productivity;(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;(H) Loss of companionship, services, and consortium; and(I) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug;(4) Reasonable attorney's fees; and(5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.