34-20C-6. Types of damages recoverable under §34-20C-4.
Any person entitled to bring an action under §34-20C-4 may recover all of the following damages:
(1)Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;
(2)Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by a user's use of an illegal drug;
(3)Exemplary damages;
(4)Attorneys' fees; and
(5)Disbursements.
Source: SL 1997, ch 203, §7.
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.