34-20C-13. Comparative responsibility--Burden of proof.
Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.
The burden of proving the comparative responsibility of the plaintiff is on the defendant and shall be shown by clear and convincing evidence.
Comparative responsibility may not be attributed to a plaintiff who is not a user.
Source: SL 1997, ch 203, §14.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 20C - Civil Liability For Drug Dealers
Section 34-20C-1 - Definition of terms.
Section 34-20C-2 - Liability for participation in drug market--Law enforcement agency participation.
Section 34-20C-3 - Persons entitled to recover damages.
Section 34-20C-4 - Persons entitled to bring action.
Section 34-20C-5 - Persons from whom damages recoverable.
Section 34-20C-6 - Types of damages recoverable under § 34-20C-4.
Section 34-20C-7 - Restrictions on action for damages.
Section 34-20C-8 - Conditions giving rise to cause of action.
Section 34-20C-9 - Actual use of drug required.
Section 34-20C-10 - Types of damages recoverable under § 34-20C-8.
Section 34-20C-11 - Levels of participation in illegal drug market--Target communities.
Section 34-20C-12 - Joint actions.
Section 34-20C-13 - Comparative responsibility--Burden of proof.
Section 34-20C-14 - Right of contribution.
Section 34-20C-15 - Proof of participation in illegal drug market.
Section 34-20C-17 - Assets used to satisfy judgment.
Section 34-20C-18 - Cause of action--Statute of limitations tolled.
Section 34-20C-19 - Action stayed during criminal investigation or prosecution.