For Attorneys

For Attorneys who Represent a Victim of a Drug User:

Attorneys in states which have adopted the Model Drug Dealer Liability Act can bring an action against drug dealers in the community in which the user whose use caused the injury. In order to better understand what the Act provides and whether it applies attorney can do the following:

  1. Determine whether their state has adopted the Model Drug Dealer Liability Act. Do this by going to the DDLA States page.
  2. Get the citation to the statute in the applicable state and review the Act.
  3. Read the materials in the following web pages in order to get an overview of how the Model Act, and in particular its market liability, works.
  4. Determine the "drug market target community" for the user who caused your client's injury.
  5. Determine the "period of drug use" of the user who caused your client's injury.
  6. Determine the identity of those charged or involved with the distribution of the same type of drug which the user who caused the injury was using at the time of their acts which caused the injury. Do this by either: a) deposition of the user; b) research of criminal convictions in federal and state cases in the jurisdiction; c) contacting drug enforcement officials -- police officers, agents and prosecutors -- and explain what you need and why and enlist their support and assistance in pointing you to public records which reveal the identities of those involved in distributing the type of drug involved during the applicable period (a retired narcotics officer may be of assistance in doing this research for you); d) other resources that may be available in your community.
  7. Draft your complaint in accordance with the provisions of the Drug Dealer Liability Act as enacted in your state.
  8. See the Law Review Articles on the Drug Dealer Liability Act which explain and support the rationale of the various provisions of the Act. Click below for the citations to those articles.
  9. See the Article Explaining Model DDLA Proviosions.

Contact us about the Model Drug Dealer Liability Act for information and resources if necessary with respect to any pre-trial motions or legal issues based on the Act by completing the following form and "Submit" (make sure when finished to scroll down and click on "Submit") it.