Sec. 8. (a) An action by an individual drug user brought under this chapter (or IC 34-1-70 before its repeal) is governed by the principles of comparative liability under state law. Comparative liability attributed to a plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally according to the measure of responsibility attributed to the plaintiff. (b) The burden of proving the comparative liability of the plaintiff: (1) is on the defendant; and (2) must be shown by clear and convincing evidence. (c) Comparative liability may not be attributed to a plaintiff who is not an individual drug user. [Pre-1998 Recodification Citation: 34-1-70-15.]
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