12-104 - Recovery by Persons Other Than Illegal Drug Users.

NY Gen Oblig L § 12-104 (2019) (N/A)
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(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.