2016 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 124 - Drug Dealer Liability Act
§ 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.