11-103 - Compensation for injury caused by the illegal sale of controlled substances.

§ 11-103. Compensation  for  injury  caused  by  the  illegal  sale of  controlled substances. 1. (a) Any  person  who  is  injured  in  person,  property,  means of support or otherwise by a person whose abilities are  impaired by the use of a controlled substance,  or  by  reason  of  such  person's impairment, shall have a right of action against any person who  caused  or  contributed  to  such impairment by unlawfully selling to or  unlawfully assisting  in  procuring  a  controlled  substance  for  such  person.    (b)  In  any  such  action,  the  injured person shall have a right to  recover actual and exemplary damages.    2. In case of the death of either party, the action or right of action  given by this section shall survive to or against his or her executor or  administrator, and the amount so recovered by either a husband, wife  or  child shall be his or her sole and separate property.    3. Such action may be brought in any court of competent jurisdiction.    4. In any case where parents shall be entitled to such damages, either  the father or mother may sue alone therefor, but recovery by one of such  parties shall be a bar to suit brought by the other.    5.  The  term  "controlled substance" when used in this section, means  and includes any substance listed in section thirty-three hundred six of  the public health law.