Day on Torts
As you would expect, the Tennessee General Assembly is not particularly fond of drug dealers. But did you know that the General Assemby had passed what they call the "Drug Dealer Liability Act?"
The Act, codified at TCA 29-38-101 et seq, permits the recovery of damages caused by drug dealers. We just used this Act to add an additional cause of action against a man who we alleged engaged in inappropriate conduct with two pre-teen females and from time to time used a drug to help accomplish his actions. The use of the Act was important because (a) it gave us a claim for attorney’s fees and (b) it provides for prejudgment attachment of assets of the defendant.
The Act contains several sections, but this is the section that creates the cause of action, identifies who can file suit, and states what damages can be recovered.