Sec. 25. Recovery of damages.

374 words·~2 min read·/il/chapter-740/act-57/25

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)One or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug:

(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.

(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.

(5)A person injured as a result of the willful, reckless, or negligent actions of an

individual drug user.

(b)A person entitled to bring an action under this Section may seek damages from one 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.

(2)A person who knowingly participated in the illegal drug market if:

(A)the place of illegal drug activity by the individual drug user is within the

illegal drug market target community of the defendant;

(B)the defendant's participation 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

individual drug user's period of illegal drug use.

(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, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;

(2)non-economic damages, including, but not limited to, physical and emotional pain,

suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug;

(3)exemplary damages;

(4)reasonable attorneys' fees;

(5)costs of suit, including, but not limited to, reasonable expenses for expert

testimony.