Section 29-38-111 - Comparative fault

(a) An action by an individual drug user is governed by the principles of comparative fault. Comparative fault attributed to the plaintiff does not bar recovery, but diminishes the award of compensatory damages proportionally, according to the measure of fault attributed to the plaintiff.(b) The burden of proving the comparative fault of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.(c) Comparative fault shall not be attributed to a plaintiff that is not an individual drug user.Acts 2005, ch. 377, § 11.