§ 13-21-801. Short Title

This part 8 shall be known and may be cited as the “Drug Dealer Liability Act”. Source: L. 99: Entire part added, p. 1261, § 1, effective June 2.

§ 13-21-802. Legislative Declaration

The general assembly hereby declares that the purpose of this part 8 is: To provide a civil remedy for damages to persons in this state injured as a result of the use of an illegal drug; To shift, to the extent possible, the cost of damage caused by the market for illegal drugs in the […]

§ 13-21-803. Definitions

As used in this part 8, unless the context otherwise requires: “Illegal drug” means a controlled substance as defined in section 18-18-102 (5), C.R.S. “Individual illegal drug user” means the individual whose use of a specified illegal drug is the basis of an action brought under this part 8. “Participate in the marketing of illegal […]

§ 13-21-804. Damages – Persons Injured by an Individual Illegal Drug User

Any one or more of the following persons may bring an action for damages caused by an individual’s use of an illegal drug within this state: A parent, legal guardian, child, spouse, or sibling of the individual illegal drug user; An employer of an individual illegal drug user; A medical facility, insurer, governmental entity, employer, […]

§ 13-21-805. Nonexclusiveness – Exceptions to Liability – Joinder

Any cause of action established by this part 8 shall be in addition to and not in lieu of any other cause of action available to a plaintiff. A person whose possession, use, or distribution of illegal drugs is authorized by law is not liable for damages under this part 8. A law enforcement officer […]

§ 13-21-806. Comparative Negligence

An action under this part 8 is governed by the principles of comparative negligence. The burden of proving the comparative negligence of the plaintiff shall be on the defendant by clear and convincing evidence. Source: L. 99: Entire part added, p. 1264, § 1, effective June 2.

§ 13-21-807. Contribution Among and Recovery From Multiple Defendants

Notwithstanding the provisions of section 13-50.5-102 (3), a person subject to liability under this part 8 has a right of contribution against any other person subject to liability under this part 8. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery […]

§ 13-21-808. Effect of Criminal Drug Conviction

A person against whom recovery is sought is estopped from denying participation in the marketing of illegal drugs if the person has a criminal conviction based on the same circumstances that are the basis for the claim for damages. Said conviction must be for other than mere possession of the specified illegal drug: That is […]

§ 13-21-809. Prejudgment Attachment and Execution on Judgments

Except as provided in subsection (3) of this section, a plaintiff under this part 8 may request an ex parte, prejudgment order of attachment under rule 102 of the Colorado rules of civil procedure against all of the assets of a defendant sufficient to satisfy a potential award. If attachment is issued, a defendant is […]

§ 13-21-810. Statute of Limitations

Except as otherwise provided by this section, a claim under this part 8 shall not be brought more than four years after the cause of action accrues. A cause of action accrues under this part 8 when a person who may recover has reason to know of the harm from illegal drug use that is […]

§ 13-21-811. Stay of Action

On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this part 8 shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. Source: L. 99: Entire part added, p. 1265, § 1, effective […]

§ 13-21-812. Nonretroactive

No cause of action shall accrue based upon any act by a defendant that occurred prior to June 2, 1999. Source: L. 99: Entire part added, p. 1265, § 1, effective June 2.

§ 13-21-813. Severability

If any provision of this part 8 or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part 8 that can be given effect without the invalid provision or application, and to this end the provisions of this part 8 are declared […]