(A) An individual user is entitled to bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met:
(1) not less than six months before filing the action, the individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding the individual's sources of illegal controlled substances;
(2) the individual has not used an illegal controlled substance within thirty days before filing the action; and
(3) the individual does not use an illegal controlled substance during the pendency of the action.
(B) The individual user entitled to bring an action under this section may recover only the following damages:
(1) economic damages including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's use of an illegal controlled substance;
(2) reasonable attorney fees; and
(3) costs of suit including, but not limited to, reasonable expenses for expert testimony.
(C) The individual user entitled to bring an action under this section may seek damages only from a person who distributed or possessed with the intent to distribute the illegal controlled substance actually used by the individual user.
HISTORY: 1999 Act No. 62, Section 1.
Structure South Carolina Code of Laws
Chapter 54 - Drug Dealer Liability Act
Section 44-54-10. Short title.
Section 44-54-30. Definitions.
Section 44-54-50. Actions by individual users; damages recoverable.
Section 44-54-60. Assignment of cause of action.
Section 44-54-70. Responsibility for damages; level of offense.
Section 44-54-80. Multiple parties to action; relief according to respective liabilities.
Section 44-54-90. Joinder of claims and persons; recovery against person joined.
Section 44-54-100. Standard of proof; effect of conviction for distribution of controlled substance.
Section 44-54-110. Defenses; liability of law enforcement officer or agency.
Section 44-54-120. Seizure of property; injunctions.
Section 44-54-130. Prescription of cause of action
Section 44-54-140. Continuance pending completion of criminal investigation.