(1) Any one or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug within this state:
A parent, legal guardian, child, spouse, or sibling of the individual illegal drug user;
An employer of an individual illegal drug user;
A medical facility, insurer, governmental entity, employer, or other entity that fundeda drug treatment program or employee assistance program for the individual illegal drug user or that otherwise expended money on behalf of the individual illegal drug user or a dependent of the individual illegal drug user; and
A person injured as a result of the willful, reckless, or negligent actions of an individual illegal drug user.
(2) (a) A person entitled to seek damages under this section may seek damages from one or more of the following:
A person who sold, administered, or furnished, or is in the chain of distribution of, anillegal drug used by the individual illegal drug user;
A person who knowingly participated in the marketing or distribution in the state ofColorado of the specified illegal drug used by an individual illegal drug user during the individual drug user's period of illegal drug use.
(b) Nothing in this section shall be deemed to authorize a suit against an employer of a person described in paragraph (a) of this subsection (2) if the employer had no knowledge of the actions of the person giving rise to the claim under this section.
The standard of proof for establishing liability under this section shall be by clearand convincing evidence.
A person entitled to bring an action under this section may recover all of the following damages:
Economic damages, including but not limited to the cost of treatment and rehabilitation, medical expenses, or any other pecuniary loss proximately caused by an individual's use of an illegal drug;
Noneconomic damages, including but not limited to pain and suffering, disfigurement, loss of enjoyment, loss of companionship and consortium, and other nonpecuniary loss proximately caused by an individual's use of an illegal drug;
Exemplary damages;
Reasonable attorney fees incurred as a result of bringing an action under this section;and
Costs of suit, including but not limited to expenses for expert witnesses and expensesfor investigative services to determine the identity of the defendants and the location of any assets of the defendants.
Source: L. 99: Entire part added, p. 1262, § 1, effective June 2.