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, in disregard of humanity, the jury, in addition to the actual damage, may give damages for the sake of example, and by way of punishing the defendant.
Source: CivC 1877, §§1946, 1974; CL 1887, §§4580, 4607; RCivC 1903, §§2292, 2319; RC 1919, §§1965, 1991; SDC 1939 & Supp 1960, §37.1902.
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.