South Carolina Code 44-54-40. Persons who may bring action; persons against whom actions may be brought; damages recoverable
(1) a parent, legal custodian, child, spouse, or sibling of the individual user;
Terms Used In South Carolina Code 44-54-40
- 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.
- Illegal controlled substance: means a controlled substance as defined and covered by Chapter 53 of Title 44, Poisons, Drugs, and Other Controlled Substances, § 44-53-10, et seq. See South Carolina Code 44-54-30
- Individual user: means the individual whose use of an illegal controlled substance that is not obtained directly from or pursuant to a valid prescription or order of a licensed physician or practitioner is the basis of an action brought under this chapter. See South Carolina Code 44-54-30
- Marketing of an illegal controlled substance: means the possession with intent to distribute or distribution of a specified illegal controlled substance which is a violation of Chapter 53 of Title 44, Poisons, Drugs, and Other Controlled Substances, § 44-53-10, et seq. See South Carolina Code 44-54-30
- Person: means a natural person, governmental entity, or corporation, partnership, firm, trust, or incorporated or unincorporated association, existing under or authorized by the laws of this State, another state, or a foreign country. See South Carolina Code 44-54-30
- Place of illegal activity: means , in relation to the individual user of an illegal controlled substance, each county in which the individual illegally possesses or uses an illegal controlled substance during the period of the individual's use of an illegal controlled substance. See South Carolina Code 44-54-30
- Place of participation: means , in relation to a defendant in an action brought under this chapter, each county in which the person participates in the marketing of illegal controlled substances during the period of the person's participation in the marketing of illegal controlled substances. See South Carolina Code 44-54-30
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) an individual who was exposed to an illegal controlled substance in utero;
(3) an employer of the individual user;
(4) a medical facility, insurer, employer, governmental entity, or other legal entity that funds a drug treatment program or other employee assistance program for or that otherwise expends money on behalf of the individual user; or
(5) a person injured as a result of the wilful, reckless, or negligent actions of an individual user.
(B) A person entitled to bring an action pursuant to subsection (A) of this section may seek damages from one or more of the following:
(1) a person who sold, administered, or furnished an illegal controlled substance to the individual user; or
(2) a person who knowingly participated in the marketing of an illegal controlled substance, if all of the following apply:
(a) The place of illegal activity by the individual user is within the municipality, county, or unincorporated area of the county in which the defendant‘s place of participation is situated.
(b) The defendant’s participation in the marketing of illegal controlled substances was connected with the same type of illegal controlled substance used by the individual user, and the defendant has been convicted of an offense for that type of specified illegal controlled substance, which he committed in the same county as the individual user’s place of use.
(c) The defendant participated in the marketing of illegal controlled substances at any time during the period in which the individual user used the illegal controlled substance.
(C) As used in paragraph B(2) of this section, "knowingly participated in the marketing of an illegal controlled substance" means an individual was convicted of possession with the intent to distribute or distribution of an illegal controlled substance in violation of Chapter 53 of Title 44, Poisons, Drugs, and Other Controlled Substances, § 44-53-10, et seq.
(D) 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, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the use of an illegal controlled substance;
(2) noneconomic damages including, but not limited to, physical and emotional pain and suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by an individual’s use of an illegal controlled substance;
(3) exemplary damages;
(4) reasonable attorney fees; and
(5) costs of suit including, but not limited to, reasonable expenses for expert testimony.