CHAPTER 4. DRUG DEALER LIABILITY
IC 34-24-4
Chapter 4. Drug Dealer Liability
IC 34-24-4-1
Liability of person participating in illegal drug market; exceptionfor law enforcement investigations
Sec. 1. (a) A person who knowingly participates in the illegal drugmarket in Indiana is liable for civil damages as provided in thischapter.
(b) A person may recover damages under this chapter for an injurythat results from an individual's use of an illegal drug.
(c) A law enforcement officer or agency, the state, or a personacting at the direction of a law enforcement officer or agency or thestate is not liable for participating in the illegal drug market if theparticipation is to further an official investigation.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-2
Parties plaintiff
Sec. 2. The following persons may bring an action for damagescaused by an individual drug user's use of an illegal drug:
(1) A:
(A) parent;
(B) legal guardian;
(C) child;
(D) spouse; or
(E) sibling;
of the individual drug user.
(2) An individual who was exposed to an illegal drug in utero.
(3) An employer of the individual drug user.
(4) A medical facility, insurer, governmental entity, employer,or other entity that:
(A) funds a drug treatment program or employee assistanceprogram for the individual drug user; or
(B) otherwise expends money on behalf of the individualdrug user.
(5) A person injured as a result of the willful, reckless, ornegligent actions of an individual drug user.
(6) Any neighborhood association registered with the municipalgoverning body, the official geographic boundaries of whichencompass the location of the complained-of illegal drugdealing or use.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-3
Parties defendant
Sec. 3. A person who may bring an action under section 2 of thischapter may recover damages from the following persons:
(1) A person who knowingly distributed or knowinglyparticipated in the chain of distribution of an illegal drug that
was actually used by the individual drug user.
(2) A person who knowingly participated in the illegal drugmarket if the:
(A) individual drug user's place of illegal drug activity iswithin the person's illegal drug market target community;
(B) person's participation in the illegal drug market wasconnected with the same type of illegal drug used by theindividual drug user; and
(C) person participated in the illegal drug market at any timeduring the individual drug user's period of illegal drug use.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-4
Recovery of damages, costs, and attorney's fees
Sec. 4. A person who may bring an action under section 2 of thischapter may recover the following damages:
(1) Economic damages, including costs for the following:
(A) Treatment and rehabilitation.
(B) Medical expenses.
(C) Loss of economic or educational potential.
(D) Loss of productivity.
(E) Absenteeism.
(F) Support expenses.
(G) Accidents or injury.
(H) Any other pecuniary loss proximately caused by theillegal drug use.
(2) Noneconomic damages, including costs for the following:
(A) Physical and emotional pain and suffering.
(B) Physical impairment.
(C) Emotional distress.
(D) Medical anguish.
(E) Disfigurement.
(F) Loss of enjoyment.
(G) Loss of companionship, services, and consortium.
(H) Any other nonpecuniary loss proximately caused by theillegal drug use.
(3) Exemplary damages.
(4) Reasonable attorney's fees.
(5) Court costs, including reasonable expenses for experttestimony.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-5
Action by individual drug user
Sec. 5. (a) Except as provided in this section, an individual druguser may not bring an action for damages caused by the use of anillegal drug.
(b) An individual drug user may bring an action for damagescaused by the use of an illegal drug if the individual drug usersatisfies all of the following conditions: (1) At least six (6) months before filing an action, the individualdrug user personally discloses to law enforcement officers allof the information known to the individual drug user regardingall the individual drug user's sources of illegal drugs.
(2) The individual drug user does not use an illegal drug withinthe six (6) months immediately preceding the date theindividual drug user files the action.
(3) The individual drug user does not use an illegal drug whilethe action is pending.
(c) An individual drug user who brings an action under thissection (or IC 34-1-70-12 before its repeal) may recover damagesonly from a person who:
(1) distributed; or
(2) is in the chain of distribution of;
an illegal drug that was used by the individual drug user.
(d) An individual drug user who may bring an action under thissection (or IC 34-1-70-12 before its repeal) may recover only thefollowing damages:
(1) Economic damages, including costs for the following:
(A) Treatment and rehabilitation.
(B) Medical expenses.
(C) Loss of economic or educational potential.
(D) Loss of productivity.
(E) Absenteeism.
(F) Accidents or injury.
(G) Any other pecuniary loss proximately caused by theillegal drug use.
(2) Reasonable attorney's fees.
(3) Court costs, including reasonable expenses for experttestimony.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-6
Third party insurance or indemnification prohibited
Sec. 6. A third party may not:
(1) pay damages awarded under this chapter (or IC 34-1-70before its repeal); or
(2) provide a defense or money for a defense;
on behalf of an insured under a contract of insurance orindemnification.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-7
Joinder of parties and actions
Sec. 7. (a) Two (2) or more persons may join as plaintiffs in one(1) action under this chapter (or IC 34-1-70 before its repeal) if:
(1) each plaintiff's respective actions have at least one (1) placeof illegal drug activity in common; and
(2) any portion of the period of illegal drug use in one (1)plaintiff's action overlaps with the period of illegal drug use for
every other plaintiff's action.
(b) Two (2) or more persons may be joined in one (1) action underthis chapter (or IC 34-1-70 before its repeal) as defendants if all thepersons may be liable to at least one (1) plaintiff.
(c) A plaintiff does not have to be interested in obtaining and adefendant does not have to be interested in defending against allrelief demanded under this chapter. Judgment may be given:
(1) for one (1) or more plaintiffs according to each plaintiff'srespective rights to relief; and
(2) against one (1) or more defendants according to eachdefendant's respective liabilities.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-8
Comparative liability of individual drug user as plaintiff
Sec. 8. (a) An action by an individual drug user brought under thischapter (or IC 34-1-70 before its repeal) is governed by the principlesof comparative liability under state law. Comparative liabilityattributed to a plaintiff does not bar recovery but diminishes theaward of compensatory damages proportionally according to themeasure of responsibility attributed to the plaintiff.
(b) The burden of proving the comparative liability of theplaintiff:
(1) is on the defendant; and
(2) must be shown by clear and convincing evidence.
(c) Comparative liability may not be attributed to a plaintiff whois not an individual drug user.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-9
Right of contribution
Sec. 9. (a) A person who is subject to liability under this chapter(or IC 34-1-70 before its repeal) has a right of action for contributionagainst another person subject to liability under this chapter (orIC 34-1-70 before its repeal).
(b) Contribution may be enforced in:
(1) the original action; or
(2) a separate action brought for that purpose.
(c) A plaintiff may seek recovery under this chapter and any otherapplicable law against a person whom a defendant has asserted aright of contribution.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-10
Burden of proof
Sec. 10. (a) Proof of participation in the illegal drug market in anaction brought under this chapter (or IC 34-1-70 before its repeal)must be shown by clear and convincing evidence. Unless otherwiseprovided in this chapter, other elements of an action brought underthis chapter must be shown by a preponderance of the evidence. (b) A person:
(1) against whom recovery is sought; and
(2) who has a criminal conviction under:
(A) a state drug law; or
(B) the federal Comprehensive Drug Abuse Prevention andControl Act of 1970 (21 U.S.C. 801 et seq.);
is estopped from denying participation in the illegal drug market.
(c) A conviction described in subsection (b) constitutes primafacie evidence of the person's participation in the illegal drug marketduring the two (2) years preceding the date of the act that was thebasis for the conviction.
(d) Notwithstanding subsection (c), a person may not beprohibited from bringing an action under this chapter (or IC 34-1-70before its repeal) against another person because the other person hasnot been convicted of a criminal drug offense.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-11
Prejudgment attachment
Sec. 11. (a) Subject to subsection (c), a plaintiff in an actionbrought under this chapter may request an ex parte prejudgmentattachment order from the court against all assets of a defendantsufficient to satisfy a potential award. If attachment is instituted, adefendant is entitled to an immediate hearing. Attachment may belifted if the defendant:
(1) demonstrates that the defendant's assets will be available fora potential award; or
(2) posts a bond in an amount that is sufficient to cover apotential award.
(b) A person against whom a judgment has been rendered underthis chapter (or IC 34-1-70 before its repeal) may not exempt anyproperty from process to levy or process to execute on the judgment.
(c) Any assets that are:
(1) sought to satisfy a judgment under this chapter (orIC 34-1-70 before its repeal); and
(2) involved in a forfeiture action or that have been seized forforfeiture by any state or federal agency;
may not be used to satisfy a judgment until the assets have beenreleased following the conclusion of the forfeiture action or releasedby the agency that seized the assets.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-12
Limitation of actions
Sec. 12. (a) Except as otherwise provided in this section, a claimunder this chapter (or IC 34-1-70 before its repeal) may not bebrought more than two (2) years after the date the cause of actionaccrues. A cause of action accrues under this chapter (or IC 34-1-70before its repeal) when a person who may bring the cause of actionhas reason to know: (1) of the harm from illegal drug use that is the basis for thecause of action; and
(2) that the illegal drug use is the cause of the harm.
(b) The statute of limitations under this section is tolled for a:
(1) plaintiff while the individual potential plaintiff isincapacitated by the use of an illegal drug to the extent that theindividual cannot reasonably be expected to seek recoveryunder this chapter (or IC 34-1-70 before its repeal) or asotherwise provided by any other law; and
(2) defendant until six (6) months after the individual potentialdefendant is convicted of a criminal drug offense or asotherwise provided by law.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-13
Attorney general representing state or political subdivision; stayof action pending investigation or prosecution
Sec. 13. (a) The attorney general may represent the state or apolitical subdivision of the state in an action brought under thischapter (or IC 34-1-70 before its repeal).
(b) On motion by a governmental agency involved in a druginvestigation or prosecution, an action brought under this chapter (orIC 34-1-70 before its repeal) must be stayed until the completion ofthe drug investigation or prosecution that was the basis for themotion for a stay of the action.
As added by P.L.1-1998, SEC.19.
IC 34-24-4-14
Intrafamilial tort immunity
Sec. 14. This chapter may not be construed to alter any lawregarding tort immunity within a family.
As added by P.L.1-1998, SEC.19.