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2019 Indiana Code
Title 34. Civil Law and Procedure
Article 24. Civil Proceedings Related to Criminal Activities
Chapter 4. Drug Dealer Liability
34-24-4-8. Comparative liability of individual drug user as plaintiff
Universal Citation: IN Code § 34-24-4-8 (2019)
IC 34-24-4-8 Comparative liability of individual drug user as plaintiff
Sec. 8. (a) An action by an individual drug user brought under this chapter (or IC 34-1-70 before its repeal) is governed by the principles of comparative liability under state law. Comparative liability attributed to a plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally according to the measure of responsibility attributed to the plaintiff.
(b) The burden of proving the comparative liability of the plaintiff:
(1) is on the defendant; and
(2) must be shown by clear and convincing evidence.
(c) Comparative liability may not be attributed to a plaintiff who is not an individual drug user.
[Pre-1998 Recodification Citation: 34-1-70-15.]
As added by P.L.1-1998, SEC.19.
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