The bill, known as "JaJa's Law," establishes civil liability for entities or foreign states involved in the trafficking of illicit fentanyl, allowing for claims related to serious bodily injury or death resulting from such activities. It specifies that these entities must demonstrate a sufficient nexus or substantial contact with the United States and the state at the time of ingestion or at a time rationally connected to the ingestion. The proposed law also introduces a rebuttable presumption of fault for these entities, meaning they must prove they did not engage in or facilitate the illicit trafficking that led to the damages. Additionally, it clarifies that damages may include punitive damages, expert witness fees, court costs, and reasonable attorney fees.
The bill includes several amendments to refine its language and definitions, such as changing the definition of "illicit fentanyl" and clarifying the source of credible information and statistical data. It also exempts registered manufacturers of fentanyl from liability and states that the actions of individuals who ingest fentanyl cannot be considered comparative fault in these cases. Furthermore, it establishes a 30-year prescription period for actions brought under this law, ensuring that victims have ample time to seek justice.