(a) An action by an individual drug user is governed by the principles of comparative fault. Comparative fault attributed to the plaintiff does not bar recovery, but diminishes the award of compensatory damages proportionally, according to the measure of fault attributed to the plaintiff.

Terms Used In Tennessee Code 29-38-111

  • 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.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(b) The burden of proving the comparative fault of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
(c) Comparative fault shall not be attributed to a plaintiff that is not an individual drug user.
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