Section 318-C:1 – Title.
318-C:1 Title. – This chapter may be cited as the Drug Dealer Liability Act. Source. 2004, 252:1, eff. Jan. 1, 2005.
Section 318-C:10 – Joinder of Parties.
318-C:10 Joinder of Parties. – I. Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one 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 […]
Section 318-C:11 – Comparative Responsibility.
318-C:11 Comparative Responsibility. – I. An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff. II. The burden of proving the […]
Section 318-C:12 – Contribution Among and Recovery From Multiple Defendants.
318-C:12 Contribution Among and Recovery From Multiple Defendants. – 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 […]
Section 318-C:13 – Standard of Proof; Effect of Criminal Drug Conviction.
318-C:13 Standard of Proof; Effect of Criminal Drug Conviction. – I. 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 […]
Section 318-C:14 – Prejudgment Attachment and Execution on Judgments.
318-C:14 Prejudgment Attachment and Execution on Judgments. – I. A plaintiff under this chapter, subject to paragraph II, 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 […]
Section 318-C:15 – Statute of Limitations.
318-C:15 Statute of Limitations. – I. Except as otherwise provided in this section, a claim under this chapter shall not be brought more than 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 […]
Section 318-C:16 – Representation of Governmental Entities: Stay of Action.
318-C:16 Representation of Governmental Entities: Stay of Action. – I. A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this chapter. II. Upon the filing of an action under this chapter, the plaintiff shall give immediate notice in writing and provide a copy of […]
Section 318-C:17 – Effect on Existing Laws.
318-C:17 Effect on Existing Laws. – The provisions of this chapter are not intended to alter the law regarding intra-family tort immunity. Source. 2004, 252:1, eff. Jan. 1, 2005.
Section 318-C:18 – Severability.
318-C:18 Severability. – If any provision of this chapter or the application of any provision to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to any other person or circumstance shall not be affected by that invalidation. Source. 2004, 252:1, eff. Jan. 1, 2005.
Section 318-C:2 – Purpose.
318-C:2 Purpose. – The purpose of this chapter is to: I. 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 […]
Section 318-C:3 – Findings.
318-C:3 Findings. – The legislature finds and declares all of the following: I. Every community in the country is affected by the marketing and distribution of illegal drugs. A vast amount of state and local resources are expended in coping with the financial, physical, and emotional toll that results from the existence of the […]
Section 318-C:4 – Definitions.
318-C:4 Definitions. – As used in this chapter: I. " Illegal drug " means any drug which is a schedule I-IV drug under RSA 318-B. II. " 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. III. […]
Section 318-C:5 – Liability for Participation in the Illegal Drug Market.
318-C:5 Liability for Participation in the Illegal Drug Market. – I. 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. II. […]
Section 318-C:6 – Recovery of Damages.
318-C:6 Recovery of Damages. – I. One or more of the following persons may bring an action for damages caused by an individual’s use of an illegal drug: (a) A parent, legal guardian, child, spouse, or sibling of the individual drug user. (b) An individual who was exposed to an illegal drug in utero. […]
Section 318-C:7 – Limited Recovery of Damages.
318-C:7 Limited Recovery of Damages. – I. 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 paragraph. An individual drug user may bring an action for damages caused by the use of an illegal drug only if all […]
Section 318-C:8 – Third Party Cases.
318-C:8 Third Party Cases. – 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. Source. 2004, 252:1, eff. Jan. 1, 2005.
Section 318-C:9 – Illegal Drug Market Target Community.
318-C:9 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: I. For a level 1 offense, the New Hampshire house of representatives’ legislative district in which the defendant’s place of participation […]