34-20C-18. Cause of action--Statute of limitations tolled.
A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.
For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by the use of an illegal drug to the extent that the potential plaintiff cannot reasonably be expected to seek recovery under this chapter or as otherwise provided by law. For a defendant, the statute of limitations under this section is tolled until six months after any potential defendant is convicted of a criminal drug offense or as otherwise provided by law.
Source: SL 1997, ch 203, §22.
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.