11705
. (a) Any one or more of the following persons may bring an
action for damages caused by an individual's use of an illegal
controlled substance:
(1) A parent, legal guardian, child, spouse, or sibling of the
individual controlled substance user.
(2) An individual who was exposed to an illegal controlled
substance in utero.
(3) An employer of the individual user of an illegal controlled
substance.
(4) A medical facility, insurer, employer, or other
nongovernmental entity that funds a drug treatment program or
employee assistance program for the individual user of an illegal
controlled substance or that otherwise expended money on behalf of
the individual user of an illegal controlled substance. No public
agency other than a public agency medical facility shall have a cause
of action under this division.
(5) A person injured as a result of the willful, reckless, or
negligent actions of an individual user of an illegal controlled
substance.
(b) A person entitled to bring an action under this section may
seek damages from one or more of the following:
(1) A person who sold, administered, or furnished an illegal
controlled substance to the individual user of the illegal controlled
substance.
(2) A person who knowingly participated in the marketing of
illegal controlled substances, if all of the following apply:
(A) The place of illegal activity by the individual user of an
illegal controlled substance is within the city, city and county, or
unincorporated area of the county in which the defendant's place of
participation is situated.
(B) The defendant's participation in the marketing of illegal
controlled substances was connected with the same type of specified
illegal controlled substance used by the individual user of an
illegal controlled substance, and the defendant has been convicted of
an offense for that type of specified illegal controlled substance.
(C) The defendant participated in the marketing of illegal
controlled substances at any time during the period the individual
user of an illegal controlled substance illegally used the controlled
substance.
(D) The underlying offense for the conviction of the specified
illegal controlled substance occurred in the same county as the
individual user's place of use.
(c) As used in subdivision (b), knowingly participated in the
marketing of illegal controlled substances" means a conviction for
transporting, importing into this state, selling, possessing with
intent to sell, furnishing, administering, or giving away, or
offering to transport, import into this state, sell, furnish,
administer, or give away a specified illegal controlled substance or
a quantity of marijuana specified in subdivision (e), (f), (g), or
(h) of Section 11703, which are separate in time.
(d) A person entitled to bring an action under this section may
recover all of the following damages:
(1) Economic damages, including, but not limited to, the cost of
treatment and rehabilitation, medical expenses, loss of economic or
educational potential, loss of productivity, absenteeism, support
expenses, accidents or injury, and any other pecuniary loss
proximately caused by the use of an illegal controlled substance.
(2) Noneconomic damages, including, but not limited to, physical
and emotional pain, suffering, physical impairment, emotional
distress, medical anguish, disfigurement, loss of enjoyment, loss of
companionship, services and consortium, and other nonpecuniary losses
proximately caused by an individual's use of an illegal controlled
substance.
(3) Exemplary damages.
(4) Reasonable attorney fees.
(5) Costs of suit, including, but not limited to, reasonable
expenses for expert testimony.