New Jersey’s Drug Dealer Liability Law: What You Need to Know

New Jersey has a law on the books that allows people harmed by illegal drug use to sue those who participated in marketing or distributing the drugs. This law, known as the Drug Dealer Liability Act, is codified in New Jersey Statutes Section 2C:35B-4. It’s an interesting law that can have big implications for those involved in the illegal drug trade. Let’s take a closer look at what this law says and what it might mean for drug dealers and victims of drug abuse in New Jersey.

The Basics of 2C:35B-4

The core purpose of 2C:35B-4 is to allow people harmed by illegal drug use to recover damages from those who participated in the chain of distribution. This includes people who manufacture, distribute, market, prescribe or dispense illegal controlled dangerous substances.

Specifically, the law allows a person to bring a civil action for damages against an illegal drug marketer if that person suffered economic, physical, or emotional injury as a result of the marketer’s actions. The injury has to be directly related to the illegal marketing and distribution of the controlled dangerous substance.

Some key things to know about 2C:35B-4:

• It only applies to the distribution of illegal controlled dangerous substances. So selling prescription drugs illegally could qualify, but selling alcohol or tobacco would not.
• The law defines “illegal marketer” very broadly. It includes manufacturers, wholesalers, retailers, prescribers, and anyone else who knowingly participates in the distribution chain.
• Plaintiffs don’t have to show negligence or intent on the marketer’s part. Just knowingly participating in the distribution is enough.
• Plaintiffs can recover economic damages like medical costs, lost wages, and rehabilitation expenses. They can also recover non-economic damages for pain and suffering.

So in essence, this law allows victims of drug abuse to go after the people who helped put those drugs on the street in the first place. Next, let’s look at how plaintiffs can prove their cases under 2C:35B-4.

Proving Liability Under the Act

To win damages under New Jersey’s Drug Dealer Liability Act, plaintiffs have to prove a few key elements:

1. The defendant was part of the illegal marketing of a controlled dangerous substance.
2. The plaintiff suffered injury related to the use of that illegal substance.
3. The defendant’s actions were connected to the plaintiff’s injury.

Meeting the first element is pretty straightforward. The plaintiff just has to show the defendant manufactured, distributed, or otherwise participated in the drug’s distribution.

The second two elements involve tracing the path from the defendant to the plaintiff’s injury. For example, a plaintiff may allege they became addicted to heroin distributed by the defendant, which led to medical costs and lost wages.

To help connect the dots, New Jersey’s law allows plaintiffs to rely on certain statutory presumptions. For example, a single sale of heroin is presumed to be the proximate cause of injuries stemming from heroin use. The more illegal sales attributed to the defendant, the stronger this presumption becomes.

Overall, while plaintiffs carry the burden of proof, 2C:35B-4 gives them helpful tools to establish liability. Defendants should not expect an easy ride under this law.

Potential Defendants Under the Act

Given the broad definition of “illegal marketer,” many different parties could find themselves subject to lawsuits under 2C:35B-4. Some potential defendants include:

• Street-level drug dealers who sell directly to users.
• High-level distributors who traffic large quantities of drugs into New Jersey.
• Gang members who participate in organized drug distribution.
• Doctors or pharmacists who illegally prescribe/dispense controlled substances.
• Anyone who assists with manufacture, transport, financing, etc.
• Property owners who allow their property to be used for drug activities.

As you can see, the law casts a wide net in terms of who can be held liable. The goal is to deter illegal drug trafficking by making the whole supply chain financially accountable.

One thing to note is that the law exempts some parties from liability. For example, law enforcement officers and those who unknowingly participate in distribution are not subject to lawsuits. But overall, many people involved in the drug trade could find themselves defendants under 2C:35B-4.

Damages Recoverable Under the Act

We’ve discussed how people can prove liability under New Jersey’s Drug Dealer Liability Act. Now let’s look at the types of damages plaintiffs can recover if they win their case. According to the statute, plaintiffs can recover economic and non-economic damages proximately caused by the defendant’s actions.

Economic damages include things like:

• Costs of treatment and rehabilitation
• Medical expenses
• Lost wages and lost earning capacity
• Loss of productivity
• Legal fees

Basically, any quantifiable financial loss related to the drug abuse. The damages can be past and future amounts.

Plaintiffs may also seek non-economic damages to compensate for more intangible injuries:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• And other non-financial harms

Notably, the law does not allow plaintiffs to recover punitive damages. The goal is compensation, not punishment. However, the economic and non-economic damages can still add up to significant awards.

In addition, the court can award attorney’s fees and costs to prevailing plaintiffs. So defendants can end up paying the plaintiff’s lawyers too.

Overall, the range of recoverable damages makes these lawsuits financially risky for illegal drug marketers. A judgment could bankrupt dealers and traffickers by forcing them to pay for the havoc their drugs caused.

Liability for Drug-Related Deaths

One question that sometimes comes up is whether drug dealers can be liable if someone dies from use of their products. The short answer is yes, they can be.

Specifically, if a plaintiff dies from drug use, their estate can pursue a case against the dealers. The lawsuit can seek damages for medical costs, lost future earnings, and pain and suffering incurred before death. The estate can also recover funeral expenses and lost contributions the plaintiff would have made to their survivors.

So in fatal overdose cases, 2C:35B-4 provides a legal avenue to hold responsible parties financially accountable. This disincentivizes dealing in dangerous opioid narcotics like heroin and fentanyl.

Joint and Several Liability

Another important aspect of New Jersey’s law is joint and several liability. This means that each defendant is liable for the full amount of damages, regardless of their individual contribution.

For example, if a plaintiff sues three defendants involved in heroin distribution, they can collect the entire judgment from just one of them. The defendants are all jointly responsible for the damages.

Imposing joint liability allows plaintiffs to target the defendant most able to pay. It prevents people from escaping liability just because they played a minor role in the distribution chain.

For defendants, joint and several liability means one lawsuit could stick them with damages way beyond their individual actions. It creates a strong incentive not to get involved with illegal drug distribution in the first place.

The Role of Comparative Fault

New Jersey’s Drug Dealer Liability Act allows defendants to raise a comparative fault defense in some cases. This means arguing the plaintiff bears some responsibility for their own injuries.

For example, a heroin dealer might argue the plaintiff made a voluntary choice to use the drug. Or they may argue the plaintiff contributed to their addiction by abusing prescription opioids.

If a jury finds the plaintiff partially at fault, the court can reduce the damages award accordingly. However, the plaintiff’s actions have to be negligent or intentional. Comparative fault does not apply if the plaintiff merely used the drugs.

So while dealers can try to shift some blame onto plaintiffs, it often won’t get them very far. The law still leaves dealers on the hook for the foreseeable consequences of their actions.

Statute of Limitations for Claims

Under 2C:35B-4, plaintiffs have two years to file suit after suffering their injury. For a minor injured by drug use, the two years starts running when they turn 18.

This statute of limitations is longer than for some other civil actions. The extended timeframe allows those struggling with addiction adequate opportunity to seek treatment and get clean before pursuing litigation. It helps ensure victims can hold dealers responsible.

The clock only starts ticking once the victim is aware of their injury and its cause. So the time limit should not bar most legitimate claims. However, prompt action is still advisable given the complexity of these cases.

Getting Help from Experienced Attorneys

Pursuing compensation under New Jersey’s Drug Dealer Liability Act involves detailed investigation and complex litigation. Plaintiffs and defendants both benefit from working with experienced attorneys.

For plaintiffs, a knowledgeable lawyer can help identify potential defendants, build a liability case, and maximize damages. They know how to apply the statute’s procedural provisions. Most attorneys will work on contingency, taking a percentage of the judgment or settlement.

For defendants, skilled representation is essential to rebut allegations and minimize financial exposure. The right lawyer can also negotiate settlements that resolve cases without a trial. This is often the preferable route for dealers and traffickers who want to avoid publicity.

No matter which side you’re on, don’t go it alone against New Jersey’s tough drug liability law. Get an attorney experienced in 2C:35B-4 claims. They can advocate for your best interests in these high-stakes cases.

The Bottom Line

New Jersey enacted its Drug Dealer Liability Act to give victims of illegal drug abuse a way to recover damages from those who peddle dangerous narcotics for profit. The law has wide reach, applying to anyone who knowingly participates in the distribution chain.

Plaintiffs can recover extensive economic and non-economic damages if they can trace their injuries to a defendant’s actions. With joint liability, defendants are on the hook for the full judgment, even if their role was minor.

2C:35B-4 creates serious financial risk for those involved with trafficking illegal controlled substances into New Jersey. Dealers, distributors and manufacturers cannot just hide behind claims that people chose to use the drugs. If their activities foreseeably caused harm, they are now legally accountable.