Drug Dealer Liability Act
Arkansas · Practice, Procedure, And Courts · §§ 16-124-101 to 16-124-112 · 12 sections
Overview
The act establishes a private civil cause of action arising out of the illegal drug market, permitting damages suits both by the individual drug user and by other people injured as a consequence of that use, while limiting the reach of the claim by shielding certain third parties and making the cause of action nonassignable. Recoverable liability is scaled to the level of the underlying drug offense, and exemplary damages are available in addition to compensatory relief. The remainder of the act supplies the litigation framework: standards for proving liability, available defenses and exclusions, joinder of related claims, comparative fault and contribution among joint tortfeasors, the period within which suit must be filed, attachment to secure a defendant's assets pending judgment, a stay where a governmental entity has a competing interest in the underlying conduct, and treatment of suits between spouses.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 2 court decisions.
Most-cited authority: 552 F.3d 659 - Ashley County v. Pfizer, Inc.
Sections covered
- Ark. Code Ann. § 16-124-101Title2 cites
- Ark. Code Ann. § 16-124-102Definitions
- Ark. Code Ann. § 16-124-103Liability in general
- Ark. Code Ann. § 16-124-104Damages caused by illegal drug use — Distribution
- Ark. Code Ann. § 16-124-105Action by drug user prohibited — Exceptions
- Ark. Code Ann. § 16-124-106Joinder
- Ark. Code Ann. § 16-124-107Right of action for contribution
- Ark. Code Ann. § 16-124-108Evidence of participation in the illegal drug market
- Ark. Code Ann. § 16-124-109Illegal drug market target community
- Ark. Code Ann. § 16-124-110Attachment against assets
- Ark. Code Ann. § 16-124-111Statute of limitations
- Ark. Code Ann. § 16-124-112Actions by state — Stays of action
Enacted in other states
California, Colorado, Illinois, Louisiana, New Hampshire, South Carolina, Tennessee
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