Sec. 8. (a) An action by an individual drug user brought under this chapter (or
IC 34-1-70 before its repeal) is governed by the principles of comparative liability under state law. Comparative liability attributed to a
plaintiff does not bar recovery but diminishes the award of compensatory
damages proportionally according to the measure of responsibility attributed to the plaintiff.
Ask a litigation question, get an answer ASAP!
Thousands of highly rated, verified litigation lawyers.
Click here to chat with a lawyer about your rights.
Terms Used In Indiana Code 34-24-4-8
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(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 who is not an individual drug user.
[Pre-1998 Recodification Citation: 34-1-70-15.]
As added by P.L.1-1998, SEC.19.
