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This entry was published on 2014-09-22
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SECTION 12-104
Recovery by persons other than illegal drug users
General Obligations (GOB) CHAPTER 24-A, ARTICLE 12
§ 12-104. Recovery by persons other than illegal drug users. 1. One or
more of the following persons may bring an action for and recover
damages caused by use of an illegal drug by an individual:

(a) A parent, legal guardian, child, or spouse of an individual drug
user;

(b) An employer of an individual drug user; and

(c) 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.

2. A person entitled to bring an action pursuant to subdivision one of
this section may be awarded damages from a person who knowingly
participated in the chain of distribution of an illegal drug actually
used by the individual drug user.

3. A person knowingly participates in a drug market if:

(a) the place of the illegal drug use by the individual drug user is
within a drug market target community of the defendant;

(b) the participation of the defendant in such drug market was
connected with the same type of illegal drug used by the individual
user; and

(c) the defendant participated in such drug market at any time during
the illegal drug use by the individual user.

4. A person entitled to bring an action under this section may recover
the following damages:

(a) Economic damages including, but not limited to, the cost of
treatment and rehabilitation, medical expenses, loss of economic
potential, loss of productivity, and support expenses;

(b) Non-economic damages, including, but not limited to, physical and
emotional pain and suffering, disfigurement, loss of companionship and
consortium;

(c) Reasonable attorney fees;

(d) Reasonable expert consultant and expert witness fees; and

(e) Costs and disbursements as provided for in the civil practice law
and rules.