Understanding New Jersey’s Statute of Limitations for Drug-Related Civil Claims

New Jersey has a specific statute, 2C:35B-14, that governs the statute of limitations for civil claims related to harms caused by illegal drug use. This law can impact when a plaintiff is able to file a lawsuit seeking compensation for damages related to another’s drug use. Here is an overview of how this statute works and some key factors to keep in mind.

The Basics of 2C:35B-14

Section 2C:35B-14 is part of New Jersey’s Comprehensive Drug Reform Act. It establishes a two-year statute of limitations for civil lawsuits where the plaintiff alleges injury resulting from the defendant’s use of illegal controlled dangerous substances.

Specifically, the law states that “a cause of action accrues under this act when a person has reason to know of the harm from use of a controlled dangerous substance that is the basis for the cause of action.” The clock starts ticking when the plaintiff discovers, or reasonably should have discovered, the connection between the harm and the defendant’s drug use.

The plaintiff then has two years from that date of discovery to file a lawsuit seeking damages. If the plaintiff fails to file within the two-year window, the claim will typically be barred by the statute of limitations.

Key Factors Impacting the Statute of Limitations

There are several important factors that can impact when the statute of limitations starts running and how long a plaintiff has to file suit under 2C:35B-14:

• Date the harm occurred vs. date of discovery: The “accrual” date that triggers the statute of limitations is based on when the plaintiff knew or should have known about the harm and its connection to illegal drug use, not necessarily the date the harm actually occurred. This is important, as there could be a gap between these dates.
• Type of harm: The type of injury or harm suffered can impact the discovery date. For example, a plaintiff may become aware of financial damages more quickly than latent health effects that take longer to manifest.
• Plaintiff’s age: If the plaintiff was a minor at the time of the injury, the statute of limitations may be tolled until they reach the age of majority.
• Ongoing harm: When the harmful effects are continuing or recurring, it may reset the accrual date and statute of limitations. Lawsuits can only seek damages for injuries that occurred within the two years prior to filing suit.
• Cover-up or concealment: If the defendant actively concealed their drug use or the plaintiff’s injury, it may extend the time the plaintiff has to file suit after eventually discovering the harm.
• Relationship to the defendant: The relationship between the parties can also impact issues of discovery and accrual. For example, spouses may be less likely to suspect the other of illegal drug use leading to delayed awareness of the harm.

How 2C:35B-14 Works In Practice

Understanding how 2C:35B-14 operates in real cases can shed light on how New Jersey courts apply this statute of limitations. Here are some examples:

• James was injured in a car accident with Anne on March 1, 2018. On July 5, 2020, James learned through an investigation that Anne had cocaine in her system at the time of the accident. James filed suit against Anne on September 28, 2020 alleging Anne’s cocaine use caused impairment leading to the accident and James’ injuries. Here, the accrual date was July 5, 2020 when James discovered the role of Anne’s drug use. His September 2020 filing was within two years of that discovery, so it met the statute of limitations.
• Martha and David divorced in 2010. In 2018, Martha discovered old emails between David and a friend discussing David’s secret oxycodone addiction throughout their 6-year marriage. Martha filed a lawsuit in 2020 against David alleging fraud and misrepresentation, emotional distress, and economic losses from David hiding his drug use while they were married. Here, the accrual date was when Martha first learned of David’s drug use in 2018 through the emails, triggering the 2-year statute of limitations.
• Michelle suffered a stroke in 2015 at age 25. In 2021, new research suggested a link between the drug ecstasy and increased stroke risk in young adults. Michelle filed suit against her college roommate, Allison, in 2022 alleging that Allison had provided her tainted ecstasy that caused her stroke. Here, the accrual date is likely the 2021 date when Michelle first learned of the potential connection between ecstasy use and her earlier stroke, allowing her 2022 lawsuit to proceed.