1. A person who: (a) Knowingly and unlawfully serves, sells or otherwise furnishes a controlled substance to another person; or (b) Knowingly allows another person to use a controlled substance in an unlawful manner on premises or in a conveyance belonging to the person allowing the use or over which the person has control, is liable in a civil action for any damages caused as a result of the person using the controlled substance. 2. A person who prevails in an action brought pursuant to subsection 1 may recover his or her actual damages, attorneys fees and costs and any punitive damages that the facts may warrant.
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