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§ 2-429. Comparative responsibility--Burden and standard of proof

Oklahoma Statutes AnnotatedTitle 63. Public Health and Safety

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 2. Uniform Controlled Dangerous Substances Act (Refs & Annos)
Article IV. Offenses and Penalties
Drug Dealer Liability Act (Refs & Annos)
63 Okl.St.Ann. § 2-429
§ 2-429. Comparative responsibility--Burden and standard of proof
Currentness
A. An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the 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 responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
C. Comparative responsibility shall not be attributed to a plaintiff who is not an individual drug user.

Credits

Laws 1994, c. 179, § 9, eff. Sept. 1, 1994.
63 Okl. St. Ann. § 2-429, OK ST T. 63 § 2-429
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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