34-20C-9. Actual use of drug required.
Any user entitled to bring an action under §34-20C-8 may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the user.
Source: SL 1997, ch 203, §10.
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.