Louisiana Revised Statutes 9:2800.64 – Action by individual users
Terms Used In Louisiana Revised Statutes 9:2800.64
- Controlled substance: means a controlled dangerous substance as defined and covered by the Uniform Controlled Dangerous Substances Law, La. See Louisiana Revised Statutes 9:2800.62
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Illegal controlled substance: means cocaine, phencyclidine, heroin, or methamphetamine and any other illegal controlled dangerous substance the possession or distribution of which is a violation of the Uniform Controlled Dangerous Substances Law, La. See Louisiana Revised Statutes 9:2800.62
- Individual user: means the individual whose use of an illegal controlled substance, that is not obtained directly from or pursuant to a valid prescription or order of a licensed physician or practitioner, which is the basis of an action brought under this Chapter. See Louisiana Revised Statutes 9:2800.62
- Person: means a natural person, governmental entity, or corporation, partnership, firm, trust, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See Louisiana Revised Statutes 9:2800.62
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. An individual user is entitled to bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met:
(1) Not less than six months before filing the action, the individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding the individual’s sources of illegal controlled substances.
(2) The individual has not used an illegal controlled substance within thirty days before filing the action.
(3) The individual does not use an illegal controlled substance during the pendency of the action.
B. The individual user entitled to bring an action under this Section may recover only the following damages:
(1) Economic damages, including but not limited to the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person‘s use of an illegal controlled substance.
(2) Reasonable attorney fees.
(3) Costs of suit, including but not limited to reasonable expenses for expert testimony.
C. The individual user entitled to bring an action under this Section may seek damages only from a person who distributed or possessed with the intent to distribute the illegal controlled substance actually used by the individual user.
Acts 1997, No. 719, §1.