[§663E-7] Comparative responsibility.
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/hi/663e-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§663E-7] Comparative responsibility.
(a)An action by an individual drug user shall be governed by the principles of comparative responsibility. Comparative responsibility attributed to the 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 responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
(c)Comparative responsibility shall not be attributed to a plaintiff who is not an individual drug user. [L 2004, c 44, pt of §13]