(a) One (1) or more of the following persons may bring an action for damages caused by an individual’s use of an illegal drug:

Terms Used In Tennessee Code 29-38-106

  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Illegal drug: means a drug, the distribution of which is a violation of state law. See Tennessee Code 29-38-104
  • Illegal drug market: means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user. See Tennessee Code 29-38-104
  • Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Tennessee Code 29-38-104
  • Period of illegal drug use: means , in relation to the individual user, the time of the individual's first use of an illegal drug to the accrual of the cause of action. See Tennessee Code 29-38-104
  • Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Tennessee Code 29-38-104
  • Place of illegal drug activity: means , in relation to the individual drug user, each state house of representatives legislative district in which the individual possesses or uses an illegal drug, or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Tennessee Code 29-38-104
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;
(2) An individual who was exposed to an illegal drug in utero;
(3) An employer of the individual drug user;
(4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user, or that otherwise expended money on behalf of the individual drug user; or
(5) A person injured as a result of the willful, reckless, or negligent actions of an individual drug user.
(b) A person entitled to bring an action under this section may seek damages from one (1) or more of the following:

(1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user;
(2) A person who knowingly participated in the illegal drug market, if:

(A) The place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;
(B) The defendant’s participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and
(C) The defendant participated in the illegal drug market at any time during the individual drug user’s period of illegal drug use.
(c) A person entitled to bring an action under this section may recover all of the following damages:

(1) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;
(2) Noneconomic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual’s use of an illegal drug;
(3) Exemplary damages;
(4) Reasonable attorney fees; and
(5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
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