2C:35B-5. Action for damages; plaintiffs, offenses
5.
a. Any of the following persons may bring an action for damages caused
by an individuals illegal use of a controlled dangerous substance:
(1)A parent, legal guardian, child, spouse, or sibling of the controlled dangerous substance user.
(2)An individual who was exposed to a controlled dangerous substance in utero.
(3)An employer of the controlled dangerous substance user.
(4)A
medical facility, insurer, employer, or other nongovernmental entity
that funded a drug treatment program or employee assistance program for
the controlled dangerous substance user or that otherwise expended money
on behalf of the controlled dangerous substance user.
(5)A person injured as a result of the reckless or negligent actions of an individual user of a controlled dangerous substance.
No public entity, and no public agency other than a public hospital, shall have a cause of action under this act.
b.A person entitled to bring an action under this act may seek damages against:
(1)A
person who illegally distributed or dispensed a controlled dangerous
substance to the individual user of the controlled dangerous substance;
or
(2)A person who knowingly participated in the illegal marketing of controlled dangerous substances, if all of the following apply:
(a)The defendants place of participation is situated in the same county as the individual users place of illegal activity;
(b)The
defendant participated in the marketing of the same type of controlled
dangerous substances as those used by the individual user;
(c)The
defendant was previously convicted of an offense in the State of New
Jersey for that type of controlled dangerous substance; and
(d)The
defendant participated in the marketing of controlled dangerous
substances at any time during the period the individual user unlawfully
used the controlled dangerous substance.
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, lose of productivity, absenteeism, support expenses,
accidents or injury, and any other pecuniary loss proximately caused by
the use of a controlled dangerous substance.
(2)Noneconomic
damages, including but not limited to physical and emotional pain,
suffering, physical impairment, physical impairment, emotional distress,
disfigurement, loss of enjoyment, loss of companionship, services and
consortium, and other nonpecuniary losses proximately caused by an
individuals use of a controlled dangerous substance.
(3)Punitive damages.
(4)Reasonable attorney fees.
(5)Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
