Section 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.
(c) An employer of the individual drug user.
(d) 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 or that otherwise expended money on behalf of the individual drug user.
(e) A person injured as a result of the willful, reckless, or negligent actions of an individual drug user.
II. A person entitled to bring an action under this section may seek damages from a person convicted of a drug offense or a person who knowingly distributed, or knowingly participated in the chain of distribution of, the illegal drug that was actually used by the individual drug user and that was the proximate cause of the recoverable losses.
II-a. No governmental entity may bring an action against a person until after that person has been convicted of a criminal act related to the possession, manufacture, or distribution of drugs.
III. A person entitled to bring an action under this section may recover all of the following damages:
(a) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use.
(b) Non-economic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other non-pecuniary losses proximately caused by an individual's use of an illegal drug.
(c) Reasonable attorney fees.
(d) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
Source. 2004, 252:1, eff. Jan. 1, 2005.