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 out of any act or omission within the scope of the entity's license, an award of damages may not exceed one million dollars, exclusive of interest from the date of judgment. If the limit on total damages under this section is determined to be unconstitutional, the limit only applies to noneconomic damages.
Source: SL 2022, ch 58, §1.
Structure South Dakota Codified Laws
Chapter 03 - Damages For Torts
Section 21-3-2 - Punitive damages in discretion of jury.
Section 21-3-4 - Lien holder's damages for conversion of personal property.
Section 21-3-5 - General measure of damages for wrongful occupation of real property.
Section 21-3-6 - Treble damages for forcible exclusion from real property.
Section 21-3-7 - Double damages for failure of tenant to give up premises after notice of intention.
Section 21-3-10 - Damages for wrongful injury to trees and plants.
Section 21-3-11 - Limitation on damages for medical malpractice.
Section 21-3-11.1 - Legislative findings--Revival of §21-3-11.
Section 21-3-13 - Limitation of damages recoverable for injury or death of rodeo contestant.
Section 21-3-14 - Local law where personal injury occurs determines survival of claim.