(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 user; and
(C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual 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.
Section: Previous 16-124-102 16-124-103 16-124-104 16-124-105 16-124-106 16-124-107 16-124-108 16-124-109 16-124-110 16-124-111 16-124-112 NextLast modified: November 15, 2016