State Codes and Statutes

Statutes > New-york > Gob > Article-12 > 12-104

§ 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:    (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.

State Codes and Statutes

Statutes > New-york > Gob > Article-12 > 12-104

§ 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:    (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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gob > Article-12 > 12-104

§ 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:    (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.