Arkansas Legal Resource Navigator

16-124-104. Damages caused by illegal drug use — Distribution.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-124-104. Damages caused by illegal drug use — Distribution.

16-124-104. Damages caused by illegal drug use — Distribution. (a) 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: (1) 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. (b) A person entitled to bring an action under this section may seek damages from one (1) or more of the following: (1) 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 (2) A person who knowingly participated in the illegal drug market if: (A) The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; (B) 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 (C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user. (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: (A) The cost of treatment and rehabilitation; (B) Medical expenses; (C) Loss of economic or educational potential; (D) Loss of productivity; (E) Absenteeism; (F) Support expense

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-124-104

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

Issuing source page ↗

Authority boundary: historical statutory source snapshot not current law.

Open the recorded source website ↗

Record provenance

Stable record: arkansas_code:legal_authorities:16-124-104
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dad86e67fcdc39187365122f0f834aa1bd173d20180ae3b00ac569300b75c1c2

Source location: content.xml paragraph 50700

Stored source content

16-124-104. Damages caused by illegal drug use — Distribution. (a) 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: (1) 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. (b) A person entitled to bring an action under this section may seek damages from one (1) or more of the following: (1) 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 (2) A person who knowingly participated in the illegal drug market if: (A) The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; (B) 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 (C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user. (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: (A) The cost of treatment and rehabilitation; (B) Medical expenses; (C) Loss of economic or educational potential; (D) Loss of productivity; (E) Absenteeism; (F) Support expenses; (G) Accidents or injury; and (H) Any other pecuniary loss proximately caused by the illegal drug use; (2) Noneconomic damages, including, but not limited to: (A) Physical and emotional pain; (B) Suffering; (C) Physical impairment; (D) Emotional distress; (E) Mental anguish; (F) Disfigurement; (G) Loss of enjoyment; (H) Loss of companionship, services, and consortium; and (I) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug; (3) Exemplary damages; (4) Reasonable attorney's fees; and (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

No explicit source connection was found. This does not mean there are no relevant authorities.