12-108. Culpable conduct; contribution. 1. An action by an individual drug user shall be governed by the provisions of article fourteen-A of the civil practice law and rules. An action by a person other than an individual drug user shall not be governed by the provisions of article fourteen-A of the civil practice law and rules.
2. The defendant shall bear the burden of proving the comparative culpable conduct of the plaintiff.
3. Comparative culpable conduct shall not be attributed to a plaintiff who is not an individual drug user.
4. A person subject to liability under this article shall have a right of action for contribution against another person subject to liability under this article pursuant to article fourteen of the civil practice law and rules. A plaintiff may seek recovery in accordance with this article and any other appropriate provision of law from a person against whom a defendant has asserted a right of contribution.
Last modified: February 3, 2019