Action by individual drug user
Sec. 5. (a) Except as provided in this section, an individual drug
user may not bring an action for damages caused by the use of an
illegal drug.
(b) An individual drug user may bring an action for damages
caused by the use of an illegal drug if the individual drug user
satisfies all of the following conditions:
(1) At least six (6) months before filing an action, the individual
drug user personally discloses to law enforcement officers all
of the information known to the individual drug user regarding
all the individual drug user's sources of illegal drugs.
(2) The individual drug user does not use an illegal drug within
the six (6) months immediately preceding the date the
individual drug user files the action.
(3) The individual drug user does not use an illegal drug while
the action is pending.
(c) An individual drug user who brings an action under this
section (or IC 34-1-70-12 before its repeal) may recover damages
only from a person who:
(1) distributed; or
(2) is in the chain of distribution of;
an illegal drug that was used by the individual drug user.
(d) An individual drug user who may bring an action under this
section (or IC 34-1-70-12 before its repeal) may recover only the
following damages:
(1) Economic damages, including costs for the following:
(A) Treatment and rehabilitation.
(B) Medical expenses.
(C) Loss of economic or educational potential.
(D) Loss of productivity.
(E) Absenteeism.
(F) Accidents or injury.
(G) Any other pecuniary loss proximately caused by the
illegal drug use.
(2) Reasonable attorney's fees.
(3) Court costs, including reasonable expenses for expert
testimony.
As added by P.L.1-1998, SEC.19.
Last modified: May 24, 2006