Comparative liability of individual drug user as plaintiff
Sec. 8. (a) An action by an individual drug user brought under this
chapter (or IC 34-1-70 before its repeal) is governed by the principles
of comparative liability under state law. Comparative liability
attributed to a plaintiff does not bar recovery but diminishes the
award of compensatory damages proportionally according to the
measure of responsibility attributed to the plaintiff.
(b) The burden of proving the comparative liability of the
plaintiff:
(1) is on the defendant; and
(2) must be shown by clear and convincing evidence.
(c) Comparative liability may not be attributed to a plaintiff who
is not an individual drug user.
As added by P.L.1-1998, SEC.19.
Last modified: May 24, 2006