§ 29-38-101. Short Title
This chapter shall be known and may be cited as the “Drug Dealer Liability Act.”
§ 29-38-102. Purpose
The purpose of this chapter is to provide a civil remedy for damages to persons in a community injured as a result of illegal drug use. These persons include parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee assistance programs, as well as infants injured as a result of exposure […]
§ 29-38-103. Legislative Findings
The legislature finds and declares all of the following: Every community in the country is affected by the marketing and distribution of illegal drugs. A vast amount of state and local resources is expended in coping with the financial, physical, and emotional toll that results from the existence of the illegal drug market. Families, employers, […]
§ 29-38-104. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Illegal drug” means a drug, the distribution of which is a violation of state law; “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; “Illegal drug market target community” […]
§ 29-38-105. Liability for Participation in the Illegal Drug Market — Exception for Law Enforcement in Official Investigations
A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. A person may recover damages under this chapter for injury resulting from an individual’s use of an illegal drug. A law enforcement officer or agency, the state, or a person acting at […]
§ 29-38-106. Persons Allowed to Bring an Action for Damages — Persons Against Whom Damages May Be Sought — What Damages May Be Sought
One (1) or more of the following persons may bring an action for damages caused by an individual’s use of an illegal drug: A parent, legal guardian, child, spouse, or sibling of the individual drug user; An individual who was exposed to an illegal drug in utero; An employer of the individual drug user; A […]
§ 29-38-107. Actions by Individual Drug Users — Actions Against Distributors — What Damages May Be Sought
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 (a). 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 met: The […]
§ 29-38-108. Third-Party Payment on Behalf of an Insured Prohibited
A third party shall not pay damages awarded under this chapter, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.
§ 29-38-109. Target Communities for Different Offense Levels
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: For a Level 1 offense, the state house of representatives legislative district in which the defendant’s place of participation is situated; For a Level 2 offense, the target community […]
§ 29-38-110. Joinder
Two (2) or more persons may join in one (1) action under this chapter as plaintiffs, if their respective actions have at least one (1) place of illegal drug activity in common, and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff. […]
§ 29-38-111. Comparative Fault
An action by an individual drug user is governed by the principles of comparative fault. Comparative fault attributed to the plaintiff does not bar recovery, but diminishes the award of compensatory damages proportionally, according to the measure of fault attributed to the plaintiff. The burden of proving the comparative fault of the plaintiff is on […]
§ 29-38-112. Right of Action for Contribution
A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action, or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this chapter and existing law […]
§ 29-38-113. Burden of Proof — Estoppel of Persons Convicted Under Drug Laws to Deny Participation in Illegal Drug Market — Lack of Criminal Drug Conviction No Bar to Action
Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. A person against whom recovery is sought, who has […]
§ 29-38-114. Ex Parte Prejudgment Attachment Order — Exemption of Property From Process — Forfeiture
A plaintiff under this chapter, subject to subsection (c), may request an ex parte prejudgment attachment order from the court, against all assets of a defendant, sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant demonstrates that the assets […]
§ 29-38-115. Limitation of Actions
Except as otherwise provided in this section, a claim under this chapter shall not be brought more than two (2) years after the cause of action accrues. 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 that is the […]
§ 29-38-116. Representation by Prosecuting Attorney — Motion for Stay of Action During Drug Investigation or Prosecution
A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this chapter. 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 rise […]