Title 36, Civil Remedies And Defenses And Special Proceedings

[§663-52] Conclusive presumptions relating to duty of public entities to warn of dangers on improved public lands. (a) A sign or signs warning of dangerous natural conditions on improved public lands shall be conclusively presumed to be legally adequate warning of the dangerous n…

§663-6 Death of wrongdoer or other person liable prior to suit, time for commencing action against the estate. In any case where the wrongdoer or other person who may be liable for damages for physical injury or death as provided in section 663-3 dies before an action has been br…

§663-7 Survival of cause of action. A cause of action arising out of a wrongful act, neglect, or default, except a cause of action for defamation or malicious prosecution, shall not be extinguished by reason of the death of the injured person. The cause of action shall survive in…

§663-8 Damages, future earnings. Together with other damages which may be recovered by law, the legal representative of the deceased person may recover where applicable under section 663-7 the future earnings of the decedent in excess of the probable cost of the decedent's own ma…

[§663-8.3] Loss or impairment of earning capacity; damages. (a) In all tort cases where damages are awarded for loss or impairment of earning capacity, the amount of probable future earnings shall be determined by taking into account the effect of probable taxes. (b) Nothing in t…

[§663-8.5] Noneconomic damages; defined. (a) Noneconomic damages which are recoverable in tort actions include damages for pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and all other nonpecuniary losses or claims. (b) Pain and s…

[§663-8.7] Limitation on pain and suffering. Damages recoverable for pain and suffering as defined in section 663-8.5 shall be limited to a maximum award of $375,000; provided that this limitation shall not apply to tort actions enumerated in section 663-10.9(2). [L Sp 1986, c 2,…

[§663-8.8] Limitation on aggregate liability; electric utilities. (a) The aggregate liability of an electric utility, including its affiliates, collectively, for qualifying damages arising from a covered catastrophic wildfire shall not exceed the least of the maximum payable amou…

[§663-8.9] Serious emotional distress arising from property damage; cause of action abolished; exception for physical injury. (a) No party shall be liable for the negligent infliction of serious emotional distress or disturbance if the distress or disturbance arises solely out of…

[§663-9] Liability of animal owners. (a) The owner or harborer of an animal, if the animal proximately causes either personal or property damage to any person, shall be liable in damages to the person injured regardless of the animal owner's or harborer's lack of scienter of the …

§663-9.1 Exception of animal owners to civil liability. (a) As used in this section: "Enter or remain unlawfully" means to be in or upon premises when the person is not licensed, invited, or otherwise privileged to be upon the premises. A person is not licensed or privileged to e…

§663-9.5 Liability of firearm owners. (a) If a firearm discharges and the discharge of the firearm proximately causes either personal injury or property damage to any person, the owner of the firearm shall be absolutely liable for the damage. (b) It shall be an affirmative defens…

[§663A-1] Definitions. As used in this chapter, unless the context otherwise requires: "Mercantile establishment" means any place where merchandise is displayed, held, or offered for sale at retail. "Merchandise" means all things movable and capable of manual delivery. "Owner" me…

[§663A-2] Damages and penalties. (a) Any person who takes possession of any merchandise displayed or offered for sale by any mercantile establishment without the consent of the owner and with the intention of converting such merchandise to the individual's own use without having …

[§663B-1] Definitions. As used in this [chapter], unless the context otherwise requires: "Engages in an equine activity" means riding, training, assisting in medical treatment or physical therapy of, driving, or being a passenger upon an equine, whether mounted or unmounted, or a…

[§663B-2] Equine activities; rebuttable presumption. (a) In any civil action for injury, loss, damage, or death of a participant, there shall be a presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine profession…

[§663E-1] Definitions. As used in this chapter: "Illegal drug" means "dangerous drugs" or a "harmful drug" as defined in section 712-1240. "Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal …

[§663E-10] Defense. [(a)] It is a defense to any action brought pursuant to this chapter that the person who possessed, distributed, or facilitated the marketing or distribution of a dangerous or harmful drug did so under authority of law as a practitioner, as an ultimate user of…

[§663E-11] Statute of limitations. (a) A claim under this chapter may not be brought against a person more than four years after that person participated in the illegal drug market. (b) The limitation period provided for in this chapter is tolled during any time there is a crimin…

[§663E-12] Stay of action. On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the act…

[§663E-13] Effect on existing laws. This chapter is not intended to alter any law regarding intra-family tort immunity. [L 2004, c 44, pt of §13]

[§663E-2] Recovery of damages. (a) One or more of the following persons may bring an action to recover for damages caused by an individual's use of an illegal drug: (b) A person entitled to bring an action under this section may seek damages from one or more of the following: (c)…

[§663E-3] Limitations for recovery of damages; state recovery. (a) An individual drug user may not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this section. An individual drug user may bring an action for damages caused by tha…

[§663E-4] Third party cases. Notwithstanding any other law to the contrary, no person shall be liable under this chapter under civil principles of vicarious liability. [L 2004, c 44, pt of §13]

[§663E-5] Illegal drug market target community. A person who participates in the illegal drug market at a level one, two, three, or four offense shall be considered to have participated in the following illegal drug market target communities:

[§663E-6] Joinder of parties. (a) Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common, and if each plaintiff's illegal drug user's period of illegal drug use overlaps in…

[§663E-7] Comparative responsibility. (a) An action by an individual drug user shall be governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proporti…

[§663E-8] Contribution among and recovery from multiple defendants. Except as otherwise provided in this chapter, part II of chapter 663 shall apply to a cause of action established by this chapter. [L 2004, c 44, pt of §13]

[§663E-9] Standard of proof; effect of criminal drug convictions. (a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cau…

§663J-1 Title. This chapter may be cited as the Sex Trafficking and Sexual Exploitation Coercion Liability Act. [L 1999, c 203, pt of §2; am L 2016, c 206, §3; am L 2025, c 20, §3]

§663J-2 Definitions. As used in this chapter: "Business" includes a transient accommodation or any other commercial activity. "Coerce" means to use or threaten to use any form of domination, restraint, or control for the purpose of causing an individual to engage in or remain in …

§663J-3 Cause of action for coercion into sexual exploitation or sex trafficking. An individual shall have a cause of action against a person, business, business owner, or business operator who:

§663J-4 Evidence. Acts that may serve as evidence in support of a claim under section 663J-3 include but are not limited to:

§663J-5 Damages. An individual entitled to bring an action under section 663J-3 may recover all of the following damages:

§663J-6 Joinder of parties. (a) In the discretion of the court, two or more individuals may join in one action under this chapter as plaintiffs if their respective actions involve a person, business, business owner, or business operator who coerced the individuals into sexual exp…

§663J-7 Statute of limitations. (a) A claim under this chapter shall not be brought against a person, business, business owner, or business operator more than ten years after an act of coercion into sexual exploitation or an act of sex trafficking by that person. (b) The limitati…

§663J-8 Stay of action. On motion by a governmental agency involved in an investigation or prosecution for sexual exploitation or sex trafficking, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise…

§663J-9 Other remedies preserved. The remedies provided under this chapter shall not restrict the right of any individual to bring an action under any other law, including common law, to recover damages arising out of the use of the individual in sexual exploitation, or subjectin…

PART I. COMMISSIONERS OF BOUNDARIES §664-1 Judges as commissioners. The circuit judges of the second, third, and fifth judicial circuits of the State for their respective circuits, and the judge of the land court, for the first judicial circuit, sitting without a jury, shall act …

§664-10 Powers of commissioner; procedure. Each commissioner of boundaries shall have power to administer oaths, to punish contempts, to grant adjournments, to subpoena and compel the attendance of witnesses and the production of books and papers, to issue execution for costs, an…

§664-11 Costs. The costs in each case shall be borne by the petitioner or respondent, or shall be apportioned between them, as equity and justice may require, in the judgment of the commissioner of boundaries, subject to appeal as in this part provided. [L 1894-5, c 14, §13; RL 1…

§664-2 Commissioners to keep record. Each commissioner of boundaries shall keep a record of the commissioner's proceedings in books, to be furnished the commissioner by the department of land and natural resources, which books, when filled, shall be returned to the department. [L…

PART II. FENCES §664-21 Petition. [(a)] Any person owning, leasing, or occupying land under an agreement with the owner or lessee, who desires to fence the land, or who, having fenced the land, desires to provide for the maintenance of the fence, may file a petition in the circui…

§664-22 Jurisdiction. The circuit courts shall have jurisdiction within their respective circuits to hear and determine without the intervention of a jury all controversies respecting the fencing of land and the maintenance of fences in accordance with this part. [L 1931, c 101, …

§664-23 Hearing, order, kind of fence and markers, etc. [(a)] At the time set for the hearing of the petition[,] the court and the parties shall view the line of fence or proposed fence. The court shall decide equitably on the kind of fence to be built or maintained as circumstan…

§664-24 Pasturage in lieu of fences. In case the court finds it to be inequitable or inexpedient to establish a fence between adjoining lands, either because of the nature or situation of the lands, the shortness of the unexpired term of a lease or agreement, the scarcity of fenc…