§ 16-124-101. Title

This chapter shall be known and may be cited as the “Drug Dealer Liability Act”.

§ 16-124-102. Definitions

As used in this chapter: (1) “Illegal drug” means a drug whose distribution is a violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (2) “Illegal drug market” means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user; (3) “Illegal drug market […]

§ 16-124-103. Liability in general

(a) A person may recover damages under this chapter for injury resulting from the use of an illegal drug by that person. (b) A person who knowingly participates in the illegal drug market is liable for civil damages as provided for in this chapter. (c) (1) A law enforcement officer or agency, the state, or […]

§ 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) A parent, legal guardian, child, spouse, or sibling of the individual drug user; (2) An individual who was exposed to an illegal drug in utero; (3) […]

§ 16-124-105. Action by drug user prohibited — Exceptions

(a) (1) An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this subsection. (2) An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are […]

§ 16-124-106. Joinder

(a) Two (2) or more persons may join in one (1) action under this chapter as plaintiffs if: (1) Their respective actions have at least one (1) place of illegal drug activity in common; and (2) Any portion of the period of illegal drug use overlaps with the period of illegal drug use for every […]

§ 16-124-107. Right of action for contribution

(a) A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. (b) Contribution may be enforced either in the original action or by a separate action brought for that purpose. (c) A plaintiff may seek recovery in accordance with this chapter […]

§ 16-124-108. Evidence of participation in the illegal drug market

(a) (1) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. (2) Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. (b) (1) A person against whom […]

§ 16-124-109. Illegal drug market target community

A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community: (1) For a level one offense, the county in which the place of participation of the defendant is situated; (2) For a level two offense, the illegal drug market […]

§ 16-124-110. Attachment against assets

(a) (1) A plaintiff under this chapter, subject to subsection (c) of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. (2) If attachment is instituted, a defendant is entitled to an immediate hearing. (3) Attachment may be lifted […]

§ 16-124-111. Statute of limitations

(a) (1) Except as otherwise provided in this section, a claim under this chapter shall not be brought more than three (3) years after the cause of action accrues. (2) A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use […]

§ 16-124-112. Actions by state — Stays of action

(a) The Attorney General may represent the state or a political subdivision of the state in an action under this chapter. (b) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave […]