Section 12-104. Recovery by persons other than illegal drug users  


Latest version.
  • 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.