N.Y. General Obligations Law 12-108 – Culpable conduct; contribution
§ 12-108. Culpable conduct; contribution. 1. An action by an individual drug user shall be governed by the provisions of Article 14-A of the civil practice law and rules. An action by a person other than an individual drug user shall not be governed by the provisions of Article 14-A of the civil practice law and rules.
Terms Used In N.Y. General Obligations Law 12-108
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
2. The defendant shall bear the burden of proving the comparative culpable conduct of the plaintiff.
3. Comparative culpable conduct shall not be attributed to a plaintiff who is not an individual drug user.
4. A person subject to liability under this Article of the civil practice law and rules. A plaintiff may seek recovery in accordance with this article and any other appropriate provision of law from a person against whom a defendant has asserted a right of contribution.