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Ark. Code Ann. § 16-124-104

Damages caused by illegal drug use — Distribution

Known as the Drug Dealer Liability Act

The act spans §§ 16–16 (12 sections).

Acts 1995, No. 896, § 4.

(1) One (1) or more of the following persons may bring an action in circuit court for damages caused by use of an illegal drug by an individual: 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; and

(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.

(5) A person entitled to bring an action under this section may seek damages from one (1) or more of the following: 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; or

(6) A person who knowingly participated in the illegal drug market if: The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;

(7) The participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and

(8) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user.

(9) A person entitled to bring an action under this section may recover all of the following damages: Economic damages, including, but not limited to: The cost of treatment and rehabilitation;

(10) Medical expenses;

(11) Loss of economic or educational potential;

(12) Loss of productivity;

(13) Absenteeism;

(14) Support expenses;

(15) Accidents or injury; and

(16) Any other pecuniary loss proximately caused by the illegal drug use;

(17) Noneconomic damages, including, but not limited to: Physical and emotional pain;

(18) Suffering;

(19) Physical impairment;

(20) Emotional distress;

(21) Mental anguish;

(22) Disfigurement;

(23) Loss of enjoyment;

(24) Loss of companionship, services, and consortium; and

(25) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug;

(26) Exemplary damages;

(27) Reasonable attorney's fees; and

(28) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.