49-13-14.1. Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.
If any telecommunications company or motor carrier subject to the provisions of this chapter does, causes or permits any act or thing prohibited in chapters 49-7 to 49-11, inclusive, and §§49-31-7 and 49-31-7.1 or omits to do any act or thing required to be done, such telecommunications company or motor carrier is liable to the person injured thereby for the amount of damages sustained in consequence of any such violation, if recovered without suit; or if recovered by suit, such telecommunications company or motor carrier is liable to the person injured thereby for not to exceed twice the amount of damages sustained in consequence of any such violation complained of, together with costs of suit and a reasonable attorney fee, to be fixed by the court in which the suit is heard on appear or otherwise, which shall be taxed and collected as part of the costs in the case.
Source: SDC 1939, §52.0214; SDCL, §49-3-21; SL 1987, ch 345, §27.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 13 - Procedure On Complaints To Public Utilities Commission
Section 49-13-1.1 - Complaint to commission or suit by private person--Election of remedies.
Section 49-13-4 - Investigation of complaint--Inquiry without complaint.
Section 49-13-5 - Authority of commission on inquiry without complaint.
Section 49-13-6 - Docket--Contents--Index.
Section 49-13-7 - Record--Contents--Transcript of evidence.
Section 49-13-9 - Hearing before any commissioner.
Section 49-13-9.1 - Corporations and business entities may appear without counsel in certain cases.
Section 49-13-14 - Determination of damages--Order directing payment.
Section 49-13-14.2 - Necessity for demand before suit.
Section 49-13-16 - Presumption of validity of order--Burden to prove invalidity.
Section 49-13-18 - Issuance of mandamus or other proper process.
Section 49-13-19 - Enforcement of mandamus or other proper process for failure to obey.
Section 49-13-20 - Money judgment for default in compliance--Disposition of money.
Section 49-13-21 - Recovery of moneys by attachment or execution--Appeal to Supreme Court.
Section 49-13-26 - Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.