Damages caused by illegal drug use — Distribution

1. Law
2. Arkansas Code
3. Practice, Procedure, And Courts
4. Particular Proceedings And Remedies
5. Drug Dealer Liability Act
6. Damages caused by illegal drug use — Distribution

1. (a) One (1) or more of the following persons may bring an action in circuit court for damages caused by use of an illegal drug by an individual:

   1. (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;

   2. (2) An individual who was exposed to an illegal drug in utero;

   3. (3) An employer of the individual drug user; and

   4. (4) 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 or that otherwise expended money on behalf of the individual drug user.

2. (b) A person entitled to bring an action under this section may seek damages from one (1) or more of the following:

   1. (1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; or

   2. (2) A person who knowingly participated in the illegal drug market if:

      1. (A) The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;

      2. (B) The participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and

      3. (C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user.

3. (c) A person entitled to bring an action under this section may recover all of the following damages:

   1. (1) Economic damages, including, but not limited to:

      1. (A) The cost of treatment and rehabilitation;

      2. (B) Medical expenses;

      3. (C) Loss of economic or educational potential;

      4. (D) Loss of productivity;

      5. (E) Absenteeism;

      6. (F) Support expenses;

      7. (G) Accidents or injury; and

      8. (H) Any other pecuniary loss proximately caused by the illegal drug use;

   2. (2) Noneconomic damages, including, but not limited to:

      1. (A) Physical and emotional pain;

      2. (B) Suffering;

      3. (C) Physical impairment;

      4. (D) Emotional distress;

      5. (E) Mental anguish;

      6. (F) Disfigurement;

      7. (G) Loss of enjoyment;

      8. (H) Loss of companionship, services, and consortium; and

      9. (I) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug;

   3. (3) Exemplary damages;

   4. (4) Reasonable attorney's fees; and

   5. (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

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