21-3-1. General measure of damages for breach of noncontractual obligation–Foreseeability not required. For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. […]
21-3-10. Damages for wrongful injury to trees and plants. The Guide for Plant Appraisal, Ninth Edition, as published by the International Society of Arboriculture as of January 1, 2007, shall be used as a guide to measure the actual damages for the wrongful injury to trees or plants. Source: CivC 1877, §1978; CL 1887, §4611; […]
21-3-11. Limitation on damages for medical malpractice. In any action for damages for personal injury or death alleging malpractice against any physician licensed pursuant to chapter 36-4, chiropractor, optometrist, podiatrist, dentist, dental hygienist, dental assistant, hospital, critical access hospital, registered nurse, licensed practical nurse, certified registered nurse anesthetist, clinical nurse specialist, certified nurse practitioner, certified […]
21-3-11.1. Legislative findings–Revival of §21-3-11. As a result of the decision of the South Dakota Supreme Court in Knowles vs. United States, 1996 SD 10, 544 NW2d 183 (1996), the Legislature accepts the court’s analysis and finds that Chapter 167 of the Session Laws of 1985 is now and has been part of the South […]
21-3-12. Evidence of special damages insurance from certain collateral sources admissible in personal injury actions for health care malpractice. In any action for damages for personal injury or death alleging health care malpractice on the part of any physician, chiropractor, dentist, hospital, registered nurse, licensed practical nurse, or other practitioner of the healing arts, whether […]
21-3-13. Limitation of damages recoverable for injury or death of rodeo contestant. No person who voluntarily participates as a contestant in any rodeo, his representative or his estate may recover damages in excess of one hundred thousand dollars for wrongful death or personal injury arising out of such participation. Source: SL 1985, ch 168, §1.
21-3-14. Local law where personal injury occurs determines survival of claim. In any action arising out of an injury to the person, the local law of the state where the injury occurs determines whether a claim for damages survives the death of the party sought to be held liable or of the injured person. For […]
21-3-15. Limitation of damages recoverable for injury or death resulting from negligence of child welfare agency. In a tort action against an entity licensed as a child welfare agency under subdivision 26-6-14(4), or against any officer, director, or employee of the entity, to recover damages for injury or loss to a person or property arising […]
21-3-2. Punitive damages in discretion of jury. In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, actual or presumed, or in any case of wrongful injury to animals, being subjects of property, committed intentionally or by willful and wanton misconduct, […]
21-3-3. Presumed damages for wrongful conversion of personal property–Presumptions conclusive when possession wrongful from beginning. The detriment caused by the wrongful conversion of personal property is presumed to be: (1)The value of the property at the time of the conversion, with the interest from that time; (2)Where the action has been prosecuted with reasonable diligence, […]
21-3-4. Lien holder’s damages for conversion of personal property. One having a mere lien on personal property cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by §21-3-3, for the loss of […]
21-3-5. General measure of damages for wrongful occupation of real property. The detriment caused by the wrongful occupation of real property, in cases not embraced in §§21-3-6 to 21-3-9, inclusive, is deemed to be the value of the use of the property for the time of such occupation, not exceeding six years next preceding the […]
21-3-6. Treble damages for forcible exclusion from real property. For forcibly ejecting or excluding a person from the possession of real property, the measure of damages is three times such a sum as would compensate for the detriment caused to him by the act complained of. Source: CivC 1877, §1977; CL 1887, §4610; RCivC 1903, […]
21-3-7. Double damages for failure of tenant to give up premises after notice of intention. For the failure of a tenant to give up the premises held by him, when he has given notice of his intention to do so, the measure of damages is double the rent which he ought otherwise to pay. Source: […]
21-3-8. Double damages for holding over by tenant after expiration of term and notice to quit. For willfully holding over real property, by a tenant after the end of his term, and after notice to quit has been duly given, and demand of possession made, the measure of damages is double the yearly value of […]
21-3-9. Measure of damages for holding over real property by conservator, trustee, or life tenant. For willfully holding over real property by a person who entered upon the same as conservator or trustee for a minor, or by right of an estate terminable with any life or lives, after the termination of the trust or […]
