New Jersey Section 2C:35B-10 – Comparative responsibility governing action
New Jersey’s drug laws can be complicated, especially when it comes to who can be held responsible in civil lawsuits related to illegal drug use. Section 2C:35B-10 of New Jersey law deals with comparative responsibility in lawsuits brought by those harmed by illegal drug use.
I’ll break down what this law means and the implications it has for different parties in plain language. Believe me, I get how confusing legalese can be!
How does this apply to drug lawsuits in NJ?
Section 2C:35B-10 deals with lawsuits brought by those harmed by illegal drug use against parties like drug dealers. It establishes guidelines about whether and when comparative responsibility applies.
Some key points:
- Comparative responsibility can only reduce damages awarded, not completely eliminate them. So even if an individual drug user is mostly responsible, other parties can still be on the hook for some fraction of damages.
- Comparative responsibility does not apply to plaintiffs who did not personally use illegal drugs. So if an innocent bystander sues, defendants can’t argue that the drug user shares responsibility.
- Comparative responsibility is not attributed to drug users who unknowingly ingested drugs. So if someone was slipped drugs without consent, they are not assigned any responsibility.
- Minors under 18 cannot be assigned comparative responsibility in drug lawsuits. The rationale is that minors lack the capacity to appreciate risks.
- Comparative responsibility can only apply to living drug users who knowingly and voluntarily used illegal drugs. It does not apply after a drug user’s death.
How are damages calculated in practice?
In real cases, assigning percentages of responsibility involves weighing many case-specific factors. Some considerations include:
- The relative dangerousness of the particular drug(s) involved
- If dealers engaged in predatory marketing or sales tactics
- If the user was addicted or bought drugs once out of curiosity
- The user’s age, maturity, and mental state
- If the user combined drugs or used them irresponsibly
- The severity of the user’s injuries or damages
There are no fixed formulas. The court has significant discretion based on the nuances of each case. Damages may be apportioned 50-50, 90-10, or anything in between depending on the circumstances.
Key takeaways
Section 2C:35B-10 aims to balance individual responsibility and societal accountability in drug lawsuits. Perfect solutions are elusive, but New Jersey law carves out some guidelines:
- Voluntary adult users share fault, but not 100% of it
- Innocent victims can still recover some damages
- Minors and unknowing users are exempt from responsibility
- Dealers, manufacturers, and others also retain liability
The law leaves room for discretion in apportioning responsibility. If you face a drug lawsuit in New Jersey, an experienced attorney can help navigate these complex rules and argue for an outcome that is fair to you. Let me know if you need any more info!