(1)
- (a) An action by an individual drug user is governed by the principles of comparative responsibility.
- (b) Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.
- (2) The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
- (3) Comparative responsibility may not be applied in an action brought by a third party who was not an individual drug user.
Renumbered and Amended by Chapter 362, 2026 General Session