[§663E-7]  Comparative responsibility.  (a) 
An action by an individual drug user shall be governed by the principles of
comparative responsibility.  Comparative responsibility attributed to the
plaintiff does not bar recovery but diminishes the award of compensatory
damages proportionally, according to the measure of responsibility attributed
to the plaintiff.



(b)  The burden of proving the comparative
responsibility of the plaintiff is on the defendant, which shall be shown by
clear and convincing evidence.



(c)  Comparative responsibility shall not be
attributed to a plaintiff who is not an individual drug user. [L 2004, c 44, pt
of §13]