21-1-1. Right to damages for detriment from unlawful act or omission of another.
Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages. Detriment is a loss or harm suffered in person or property.
Source: CivC 1877, §§1940, 1941; CL 1887, §§4574, 4575; RCivC 1903, §§2286, 2287; RC 1919, §§1959, 1960; SDC 1939 & Supp 1960, §37.1701.
Structure South Dakota Codified Laws
Chapter 01 - Actions For Damages Generally
Section 21-1-1 - Right to damages for detriment from unlawful act or omission of another.
Section 21-1-2 - Nominal damages for breach of duty without detriment.
Section 21-1-3 - Damages to be reasonable.
Section 21-1-4 - Exemplary or penal damages only as provided--Interest on damages.
Section 21-1-4.1 - Discovery and trial of exemplary damage claims.
Section 21-1-6 - Market value considered in estimating damage to property.
Section 21-1-9 - Value of instrument presumed equal to value of property represented.
Section 21-1-10 - Damages awarded for detriment after commencement of action.
Section 21-1-12 - Acceptance of principal as waiver of interest.
Section 21-1-13.1 - Interest on damages--Prejudgment interest--Retroactive application.
Section 21-1-13.2 - Application of interest statutes.