(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.
Structure New York Laws
Article 12 - Drug Dealer Liability Act
12-103 - Liability Established.
12-104 - Recovery by Persons Other Than Illegal Drug Users.
12-105 - Recovery by Illegal Drug Users.
12-106 - Scope of Defendant's Liability Established.
12-108 - Culpable Conduct; Contribution.