§ 16-124-104. Damages caused by illegal drug use — Distribution

(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. (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;

2. (2) An individual who was exposed to an illegal drug in utero;

3. (3) An employer of the individual drug user; and

4. (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. (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. (2) A person who knowingly participated in the illegal drug market if:

   1. (A) The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;

   2. (B) The participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and

   3. (C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user.

(c) A person entitled to bring an action under this section may recover all of the following damages:

1. (1) Economic damages, including, but not limited to:

   1. (A) The cost of treatment and rehabilitation;

   2. (B) Medical expenses;

   3. (C) Loss of economic or educational potential;

   4. (D) Loss of productivity;

   5. (E) Absenteeism;

   6. (F) Support expenses;

   7. (G) Accidents or injury; and

   8. (H) Any other pecuniary loss proximately caused by the illegal drug use;

2. (2) Noneconomic damages, including, but not limited to:

   1. (A) Physical and emotional pain;

   2. (B) Suffering;

   3. (C) Physical impairment;

   4. (D) Emotional distress;

   5. (E) Mental anguish;

   6. (F) Disfigurement;

   7. (G) Loss of enjoyment;

   8. (H) Loss of companionship, services, and consortium; and

   9. (I) Other nonpecuniary losses proximately caused by an individual’s use of an illegal drug;

3. (3) Exemplary damages;

4. (4) Reasonable attorney’s fees; and

5. (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.