| (1) |
An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff. |
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Terms Used In Utah Code 58-37e-9
- 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 Utah Code 58-37e-2
- Plaintiff: The person who files the complaint in a civil lawsuit.
| (2) |
The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence. |
| (3) |
Comparative responsibility may not be applied in an action brought by a third party who was not an individual drug user. |
Enacted by Chapter 349, 1997 General Session
