New Jersey Section 2C:35B-5 – Action for damages; plaintiffs, offenses

New Jersey’s Law Allowing Civil Suits Against Drug Dealers

New Jersey has a unique law that allows individuals harmed by illegal drug use to sue drug dealers and recover monetary damages. This law, known as Section 2C:35B-5 of the New Jersey Code of Criminal Justice, provides a civil cause of action against those who illegally manufacture, distribute, or dispense controlled dangerous substances.

Who Can File a Lawsuit

Section 2C:35B-5 allows lawsuits by several categories of plaintiffs:

• A parent, legal guardian, or child of a drug user – They can sue if financial support was lost or medical expenses incurred due to the drug use.
• An employer of a drug user – The employer can sue for lost productivity, workers compensation claims, or other damages from employee drug use.
• A medical facility – Hospitals, clinics, and other facilities can recover costs of treating an individual’s drug-related medical conditions.
• Government agencies – Agencies can sue dealers for drug investigation and enforcement costs.
• Injured third parties – Anyone who suffers personal injury, property damage, or financial loss due to another person’s drug impairment can bring a claim. Examples include victims of drugged driving accidents.
• Injured drug users – The law allows drug users to sue dealers for their own injuries, if the drug use was reckless or negligent. However, damages may be reduced based on the plaintiff’s own comparative negligence.

Limits and Restrictions

Section 2C:35B-5 imposes some limits on civil actions against drug dealers:

• Lawsuits cannot recover damages covered by insurance benefits, workers compensation, or other sources.
• Plaintiffs cannot assign their right to sue; only the injured party can bring the claim.
• Public entities cannot recover costs already paid from government funds.
• The lawsuit cannot be filed if a criminal case is pending against the drug user or dealer.
• There is a two-year statute of limitations from the date of loss or injury.
• Damages may be reduced based on the plaintiff’s own negligence or assumption of risk.

Damages and Compensation

If successful, Section 2C:35B-5 lawsuits allow plaintiffs to recover both economic and non-economic damages:

• Economic damages – Out-of-pocket medical expenses, lost wages and benefits, rehabilitation costs, harm to business or employment, and other financial losses.
• Non-economic damages – Harder-to-quantify compensation for pain and suffering, loss of companionship, emotional distress, and diminished quality of life.

The law also imposes minimum damage amounts that vary based on factors like the substance involved and the relationship between the plaintiff and drug user. For a parent suing for damages caused by a minor child’s drug use, the minimum recovery is $25,000.

Punitive damages may also be awarded in cases of especially malicious or egregious conduct by the drug dealer. There are no caps on the total amount of damages that can be recovered.