Laws of New York (Last Updated: November 21, 2014) |
GOB General Obligations |
Article 12. DRUG DEALER LIABILITY ACT |
Section 12-104. Recovery by persons other than illegal drug users
Latest version.
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1. One or more of the following persons may bring an action for and recover damages caused by use of an illegal drug by an individual: (a) A parent, legal guardian, child, or spouse of an individual drug user; (b) An employer of an individual drug user; and (c) 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. 2. A person entitled to bring an action pursuant to subdivision one of this section may be awarded damages from a person who knowingly participated in the chain of distribution of an illegal drug actually used by the individual drug user. 3. A person knowingly participates in a drug market if: (a) the place of the illegal drug use by the individual drug user is within a drug market target community of the defendant; (b) the participation of the defendant in such drug market was connected with the same type of illegal drug used by the individual user; and (c) the defendant participated in such drug market at any time during the illegal drug use by the individual user. 4. A person entitled to bring an action under this section may recover the following damages: (a) Economic damages including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic potential, loss of productivity, and support expenses; (b) Non-economic damages, including, but not limited to, physical and emotional pain and suffering, disfigurement, loss of companionship and consortium; (c) Reasonable attorney fees; (d) Reasonable expert consultant and expert witness fees; and (e) Costs and disbursements as provided for in the civil practice law and rules.