N.Y. General Obligations Law 12-104 – Recovery by persons other than illegal drug users
§ 12-104. Recovery by persons other than illegal drug users. 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:
Terms Used In N.Y. General Obligations Law 12-104
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches a drug user. See N.Y. General Obligations Law 12-102
- Drug user: means the individual whose illegal drug use is the basis of an action brought pursuant to this article. See N.Y. General Obligations Law 12-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Illegal drug: means any controlled substance the possession of which is an offense under the public health law or the penal law. See N.Y. General Obligations Law 12-102
- Person: means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See N.Y. General Obligations Law 12-102
(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.