New Jersey Statutes 2C:35B-5. Action for damages; plaintiffs, offenses
Terms Used In New Jersey Statutes 2C:35B-5
- 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.
- 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.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) A parent, legal guardian, child, spouse, or sibling of the controlled dangerous substance user.
(2) An individual who was exposed to a controlled dangerous substance in utero.
(3) An employer of the controlled dangerous substance user.
(4) A medical facility, insurer, employer, or other nongovernmental entity that funded a drug treatment program or employee assistance program for the controlled dangerous substance user or that otherwise expended money on behalf of the controlled dangerous substance user.
(5) A person injured as a result of the reckless or negligent actions of an individual user of a controlled dangerous substance.
No public entity, and no public agency other than a public hospital, shall have a cause of action under this act.
b. A person entitled to bring an action under this act may seek damages against:
(1) A person who illegally distributed or dispensed a controlled dangerous substance to the individual user of the controlled dangerous substance; or
(2) A person who knowingly participated in the illegal marketing of controlled dangerous substances, if all of the following apply:
(a) The defendant‘s place of participation is situated in the same county as the individual user’s place of illegal activity;
(b) The defendant participated in the marketing of the same type of controlled dangerous substances as those used by the individual user;
(c) The defendant was previously convicted of an offense in the State of New Jersey for that type of controlled dangerous substance; and
(d) The defendant participated in the marketing of controlled dangerous substances at any time during the period the individual user unlawfully used the controlled dangerous substance.
c. A person entitled to bring an action under this section may recover all of the following damages:
(1) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, lose of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the use of a controlled dangerous substance.
(2) Noneconomic damages, including but not limited to physical and emotional pain, suffering, physical impairment, physical impairment, emotional distress, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual’s use of a controlled dangerous substance.
(3) Punitive damages.
(4) Reasonable attorney fees.
(5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
L.2001, c.114, s.5.