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Daniel Bent, 2010
Legislatures across the nation are passing a unique new statute that provides redress for those injured by illegal drugs. This new law, known as the Model Drug Dealer Liability Act (DDLA), makes drug dealers civilly liable to those injured by a driver under the influence of drugs, families who lose a child to illegal drugs and others injured by illegal drugs. It is essentially a products liability act for illegal drugs.
Michigan, Oklahoma, Illinois, Hawaii, Arkansas, California, South Dakota, Utah, Georgia, Indiana, Louisiana, Colorado, South Carolina, the U.S. Virgin Islands, New Hampshire, Tennessee and New York have passed the Model Drug Dealer Liability Act. Existing law in the remaining states does not clearly establish a means by which drug dealers can be made to pay damages for the injuries they cause. The Drug Dealer Liability Act fills that void. The first lawsuit brought under the Act resulted in a judgment on July 21, 1995 of $1 million in favor of a drug baby and more than $7 million to the city of Detroit’s expenses for providing drug treatment to inmates in Detroit jails. Two Detroit dealers were ordered to pay the damages to the drug baby’s siblings because the baby was born addicted to cocaine and was later bludgeoned to death by her mother while high on drugs. In Utah, the wife of a drug-using professional brought a Drug Dealer Liability Act case against her husband’s dealer of six years. The defendant in that case settled after losing his pretrial challenges to the Drug Dealer Liability Act. In South Dakota in April 2000 a jury returned a verdict under South Dakota’s Drug Dealer Liability Act in the amount of $268 Million in favor of a woman whose husband was killed in a head on collision with a driver under the influence of drugs. The defendant was not the driver of the car but the dealer who supplied drugs to the driver.
The Drug Dealer Liability Act offers an added new approach to illegal drugs. Since it would be impossible to identify each person in a chain of illegal drug distribution, the Act establishes a form of “market liability” so a plaintiff need only prove that a defendant was distributing illegal drugs in the community of the user who caused the plaintiff’s injuries, that the distributor was distributing the same type of drug used by the user and that the defendant’s distribution in that community was during the period of time that the user was using. The plaintiff need not prove that the drug user received a specific defendant’s illegal drugs.
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