N.Y. General Obligations Law 12-105 – Recovery by illegal drug users
§ 12-105. Recovery by illegal drug users. 1. An individual drug user may not bring an action for damages caused by the use of an illegal drug, unless all of the following conditions are met:
Terms Used In N.Y. General Obligations Law 12-105
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Drug user: means the individual whose illegal drug use is the basis of an action brought pursuant to this article. See N.Y. General Obligations Law 12-102
- Illegal drug: means any controlled substance the possession of which is an offense under the public health law or the penal law. See N.Y. General Obligations Law 12-102
- Person: means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See N.Y. General Obligations Law 12-102
(a) The individual discloses to law enforcement authorities, more than six months before filing the action, information known to the individual regarding their source of illegal drugs;
(b) The individual has not used an illegal drug within the six month period preceding filing the action.
2. A person entitled to bring an action under this section may be awarded damages only from a person who knowingly participated in the chain of distribution of an illegal drug that was actually used by the individual drug user.
3. A person entitled to bring an action under this section may recover economic damages, including but not limited to the cost of treatment, rehabilitation, and medical expenses, loss of economic potential, and loss of productivity.