reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 15 - Accessibility Law Violations › Section 20-15-2 - Notice--Civil Action.

20-15-2  .  Notice--Civil Action.
Prior to filing a civil action alleging violation of an accessibility law, the alleged aggrieved party may notify the owner, agent, or other responsible party of the property where the alleged violation occurred by personal service, in accordance with applicable state or federal laws, or by certified mail, of alleged accessibility law violations for which an action may be filed by the alleged aggrieved party.  If an alleged aggrieved party does not serve notice, the alleged aggrieved party is not entitled to attorney's fees upon the judgment of a civil action alleging violation of an accessibility law unless the trial court determines that attorney's fees are appropriate due to the nature of the violations, including their willfulness, duration, or severity.
For the purposes of this chapter, property includes any website owned and operated by an entity physically located in the state.
If an alleged aggrieved party serves notice in accordance with §20-15-3, the alleged aggrieved party is precluded from filing such a civil action until one of the following occurs:
(1) The alleged aggrieved party receives a response as described in §20-15-4 and the property owner, agent, or other responsible party of the property fails to make the improvements or bring the property into compliance with accessibility laws and fails to provide a reasonable explanation for the failure within thirty days as required by §20-15-4;
(2) The alleged aggrieved party receives a response as described in §20-15-4;
(3) The alleged aggrieved party receives a response as described in §20-15-4, but the alleged aggrieved party reasonably believes that the alleged violations continue to exist; or
(4) The property owner, agent, or other responsible party of the property fails to respond to the notice within fifteen business days as required by §20-15-4.
Source:  SL 2020, ch 72, § 2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 15 - Accessibility Law Violations › Section 20-15-3 - Notice--Form.

20-15-3  .  Notice--Form.
A notice provided pursuant to §  20-15-2   shall furnish similar information or be in substantially similar form to the following:
THIS LETTER IS TO INFORM YOU THAT THE PROPERTY LOCATED AT (address of property), FOR WHICH YOU ARE THE PROPERTY OWNER, AGENT, OR OTHER RESPONSIBLE PARTY, MAY BE IN VIOLATION OF FEDERAL AND/OR STATE ACCESSIBILITY LAWS AND CAUSED HARM TO (name of alleged aggrieved party).
SPECIFICALLY, THE POSSIBLE VIOLATION(S) HAS/HAVE BEEN IDENTIFIED AS FOLLOWS:
(Notice shall identify the specific facts that constitute the alleged violation, including the approximate date on which the alleged violation occurred or was observed and identification of the location of the alleged violation with sufficient detail so that the location can be identified by the property owner, agent, or other responsible party.)
YOU HAVE 15 BUSINESS DAYS TO RESPOND TO THIS NOTICE BY PERSONAL SERVICE OR CERTIFIED MAIL. YOUR RESPONSE SHALL BE ADDRESSED TO (address where personal service may be received or certified mail may be sent). SOUTH DAKOTA LAW ALLOWS YOU TO RESPOND IN ONE OF THREE WAYS:
(1) YOU MAY EXPRESSLY STATE THAT IMPROVEMENTS WILL BE MADE TO BRING THE PROPERTY INTO COMPLIANCE WITH APPLICABLE ACCESSIBILITY LAWS. IF YOU   RESPOND IN THIS MANNER, YOU HAVE A MAXIMUM OF 30 DAYS TO COMPLETE THESE IMPROVEMENTS. THE 30-DAY PERIOD SHALL BEGIN ON THE DATE YOUR RESPONSE TO THIS NOTICE IS RECEIVED AT THE ADDRESS GIVEN ABOVE. IF THE IMPROVEMENTS NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE ACCESSIBILITY LAWS ARE NOT COMPLETED WITHIN THE 30-DAY PERIOD, THE ALLEGED AGGRIEVED PARTY MAY BRING A LAWSUIT AGAINST YOU. YOU MAY EXTEND THE 30-DAY PERIOD ONLY IF YOU PROVIDE A REASONABLE EXPLANATION AS TO WHY IMPROVEMENTS CANNOT BE MADE WITHIN 30 DAYS. REASONABLE EXPLANATIONS INCLUDE DEMONSTRATED NEED FOR DELAY, SUCH AS CONSTRUCTION AND PERMITTING RELATED ISSUES.
(2) YOU MAY CHALLENGE THE VALIDITY OF THE ALLEGED VIOLATIONS. IF YOU RESPOND IN THIS MANNER, THE ALLEGED AGGRIEVED PARTY MAY BRING A LAWSUIT AGAINST YOU IMMEDIATELY.
(3) IF THE VIOLATIONS LISTED ABOVE ARE THE SAME AS OR SIMILAR TO PREVIOUS VIOLATIONS THAT YOU BELIEVE HAVE BEEN CORRECTED, YOU MAY RESPOND BY STATING THAT THE NECESSARY IMPROVEMENTS HAVE BEEN MADE TO BRING THE PROPERTY INTO COMPLIANCE WITH THE APPLICABLE ACCESSIBILITY LAWS. YOU SHALL ALSO ATTACH EVIDENCE THAT VERIFIES THOSE IMPROVEMENTS.
IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR YOUR RIGHTS UNDER FEDERAL OR SOUTH DAKOTA LAW, PLEASE CONTACT YOUR LEGAL COUNSEL.
Source:  SL 2020, ch 72, § 3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 15 - Accessibility Law Violations › Section 20-15-4 - Notice--Response.

20-15-4  .  Notice--Response.
Within fifteen business days after an alleged aggrieved party serves or sends a notice pursuant to §  20-15-2  , the property owner, agent, or other responsible party of the property where the alleged violation occurred shall respond to the notice by personal service or certified mail to the alleged aggrieved party. That response shall:
(1) Expressly state that improvements will be made to bring the property into compliance with applicable accessibility laws;
(2) Challenge the validity of the alleged violation. If the property owner, agent, or other responsible party responds in this manner, the alleged aggrieved party may file an action, subject to any applicable statutes of limitations, any time after receipt of that response; or
(3) State that the alleged violations identified by the alleged aggrieved party have been corrected to comply with applicable accessibility laws. The property owner,   agent, or other responsible party shall attach evidence to the response that verifies those improvements.
Source:  SL 2020, ch 72, § 4.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 15 - Accessibility Law Violations › Section 20-15-5 - Remedy--Civil Action.

20-15-5  .  Remedy--Civil Action.
If a property owner, agent, or responsible party of the property where the alleged accessibility law violation occurred responds in the manner described in subdivision  20-15-4  (2), the property owner, agent, or responsible party shall have thirty days to remedy the alleged violation. The thirty-day period shall begin on the date the alleged aggrieved party receives the response described in §  20-15-4  . The owner, agent, or other responsible party may extend the thirty-day period by not more than thirty days upon providing a reasonable explanation as to why the improvement requires more than thirty days to complete. Reasonable explanations include demonstrated need for extension, such as construction and permitting related issues.
If the property owner, agent, or other responsible party of the property where the alleged accessibility law violation occurred responds in the manner described in division subdivision  20-15-4  (1) and makes the improvements to bring the property into compliance with applicable accessibility laws within the thirty-day period described in this section or provides a reasonable explanation as to why those improvements are not completed, the response as described in subdivision  20-15-4  (1) may not be considered an admission of guilt and is inadmissible as evidence in any future actions based on the same facts filed against the property owner, agent, or other responsible party.
If the property owner, agent, or other responsible party of the property where the alleged accessibility law violation occurred fails to make the improvements to bring the property into compliance with applicable accessibility laws within the thirty-day period described in this section and, in the opinion of the aggrieved party, fails to provide a reasonable explanation as to why those improvements are not completed, the alleged aggrieved party may file a civil action for accessibility law violation against that property owner, agent, or other responsible party.
Source:  SL 2020, ch 72, § 5.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 15 - Accessibility Law Violations › Section 20-15-6 - Attorney's Fees--Exemption.

20-15-6  .  Attorney's Fees--Exemption.
In a civil action filed pursuant to §  20-15-5   in which a plaintiff prevails, the plaintiff shall recover reasonable attorney's fees, in addition to any other remedies available to the plaintiff. However, the plaintiff is not entitled to attorney's fees under this section if:
(1) The plaintiff filed the civil action prior to the expiration of an extension invoked by the defendant;
(2) The court determines that the defendant's explanation as to the necessity of the extension was reasonable; and
(3) The defendant makes the improvements to bring the property into compliance with applicable accessibility laws during the period of extension.
If the property owner, agent, or other responsible party where the alleged accessibility law violation occurred makes the improvements to bring the property into compliance with the applicable accessibility laws within the thirty-day period described in §  20-15-5   and provides evidence to the alleged aggrieved party that the improvements have been made, or if the property owner, agent, or other responsible party demonstrates to the court's satisfaction that the explanation given for the necessity of an extension was reasonable, the alleged aggrieved party may not receive any damages or attorney's fees for any action arising out of the same or similar facts that served as a basis for the alleged violation. The alleged aggrieved party may receive damages and attorney's fees for actions arising out of a recurrence of the same or similar alleged accessibility law violation if it is determined that the property owner, agent, or other responsible party failed to maintain accessibility following the initial improvements.
Source:  SL 2020, ch 72, § 6.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 15 - Accessibility Law Violations › Section 20-15-7 - Aggrieved Party--Attorney's Fees.

20-15-7  .  Aggrieved Party--Attorney's Fees.
This section may not be construed to limit actions for recovery of special damages filed by any person who suffers an injury in fact because the person was denied full and equal access to an accommodation as required by federal or state law.
This section does not apply to charges filed with the State Commission of Human Rights or deferred to the commission under federal law. This section does not preclude the commission from investigating charges of discrimination against a place of public accommodation.
Source:  SL 2020, ch 72, § 7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-1 - Right to damages for detriment from unlawful act or omission of another.

21-1-1. Right to damages for detriment from unlawful act or omission of another.
Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages. Detriment is a loss or harm suffered in person or property.
Source:
CivC 1877, §§1940, 1941; CL 1887, §§4574, 4575; RCivC 1903, §§2286, 2287; RC 1919, §§1959, 1960; SDC 1939 & Supp 1960, §37.1701.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-2 - Nominal damages for breach of duty without detriment.

21-1-2. Nominal damages for breach of duty without detriment.
When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages.
Source:
CivC 1877, §1986; CL 1887, §4619; RCivC 1903, §2331; RC 1919, §2003; SDC 1939 & Supp 1960, §37.1703.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-3 - Damages to be reasonable.

21-1-3. Damages to be reasonable.
Damages must in all cases be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.
Source:
CivC 1877, §1985; CL 1887, §4618; RCivC 1903, §2330; RC 1919, §2002; SDC 1939 & Supp 1960, §37.1704.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-4 - Exemplary or penal damages only as provided--Interest on damages.

21-1-4. Exemplary or penal damages only as provided--Interest on damages.
The general remedy by damages does not include exemplary or penal damages nor interest on any damages unless expressly provided by statute.
Source:
CivC 1877, §1983; CL 1887, §4616; RCivC 1903, §2328; RC 1919, §2000; SDC 1939 & Supp 1960, §37.1705.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-4.1 - Discovery and trial of exemplary damage claims.

21-1-4.1. Discovery and trial of exemplary damage claims.
In any claim alleging punitive or exemplary damages, before any discovery relating thereto may be commenced and before any such claim may be submitted to the finder of fact, the court shall find, after a hearing and based upon clear and convincing evidence, that there is a reasonable basis to believe that there has been willful, wanton or malicious conduct on the part of the party claimed against.
Source:
SL 1986, ch 161.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-5 - Damages for breach of obligation not to exceed gain from full performance--Exceptions.

21-1-5. Damages for breach of obligation not to exceed gain from full performance--Exceptions.
Notwithstanding the provisions of these statutes, no person can recover a greater amount in damages for the breach of an obligation than he could have gained by the full performance thereof on both sides, except in the cases specified in statutes providing exemplary damages or penal damages, and in statutes relating to damages for breach of promise to marry, for seduction, or wrongful injuries to animals.
Source:
CivC 1877, §1984; CL 1887, §4617; RCivC 1903, §2329; RC 1919, §2001; SDC 1939 & Supp 1960, §37.1706.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-6 - Market value considered in estimating damage to property.

21-1-6. Market value considered in estimating damage to property.
In estimating the damage to property, except in the cases prescribed in §§21-1-8 and 21-1-9, the value of such property to the owner is deemed to be its market value at the time and in the market nearest to the place where it was located at the time of the damage.
Source:
CivC 1877, §1979; CL 1887, §4612; RCivC 1903, §2324; RC 1919, §1996; SDC 1939 & Supp 1960, §37.1707.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-7 - Market value considered in estimating damages for deprivation of possession of property.

21-1-7. Market value considered in estimating damages for deprivation of possession of property.
In estimating damages except as provided by §§21-1-8 and 21-1-9 the value of property to an owner thereof deprived of its possession is deemed to be the price at which he might have bought an equivalent thing, in the market nearest to the place where the property ought to have been put into his possession and at such time after the breach of duty upon which his right to damages is founded as would suffice, with reasonable diligence, for him to make such a purchase.
Source:
CivC 1877, §1980; CL 1887, §4613; RCivC 1903, §2325; RC 1919, §1997; SDC 1939 & Supp 1960, §37.1708.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-8 - Peculiar value of property to plaintiff considered in damages against defendant with notice or willful wrongdoer.

21-1-8. Peculiar value of property to plaintiff considered in damages against defendant with notice or willful wrongdoer.
Where certain property has a peculiar value to a person recovering damages for a deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer.
Source:
CivC 1877, §1981; CL 1887, §4614; RCivC 1903, §2326; RC 1919, §1998; SDC 1939 & Supp 1960, §37.1709.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-9 - Value of instrument presumed equal to value of property represented.

21-1-9. Value of instrument presumed equal to value of property represented.
For the purpose of estimating damages the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner.
Source:
CivC 1877, §1982; CL 1887, §4615; RCivC 1903, §2327; RC 1919, §1999; SDC 1939 & Supp 1960, §37.1710.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-10 - Damages awarded for detriment after commencement of action.

21-1-10. Damages awarded for detriment after commencement of action.
Damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof, or certain to result in the future.
Source:
CivC 1877, §1942; CL 1887, §4576; RCivC 1903, §2288; RC 1919, §1961; SDC 1939 & Supp 1960, §37.1702.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-12 - Acceptance of principal as waiver of interest.

21-1-12. Acceptance of principal as waiver of interest.
Accepting payment of the whole principal, as such, waives all claim to interest.
Source:
CivC 1877, §1945; CL 1887, §4579; RCivC 1903, §2291; RC 1919, §1964; SDC 1939 & Supp 1960, §37.1713.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-13.1 - Interest on damages--Prejudgment interest--Retroactive application.

21-1-13.1. Interest on damages--Prejudgment interest--Retroactive application.
Any person who is entitled to recover damages, whether in the principal action or by counterclaim, cross claim, or third-party claim, is entitled to recover interest thereon from the day that the loss or damage occurred, except during such time as the debtor is prevented by law, or by act of the creditor, from paying the debt. Prejudgment interest is not recoverable on future damages, punitive damages, or intangible damages such as pain and suffering, emotional distress, loss of consortium, injury to credit, reputation or financial standing, loss of enjoyment of life, or loss of society and companionship. If there is a question of fact as to when the loss or damage occurred, prejudgment interest shall commence on the date specified in the verdict or decision and shall run to, and include, the date of the verdict or, if there is no verdict, the date the judgment is entered. If necessary, special interrogatories shall be submitted to the jury. Prejudgment interest on damages arising from a contract shall be at the contract rate, if so provided in the contract; otherwise, if prejudgment interest is awarded, it shall be at the Category B rate of interest specified in §54-3-16. Prejudgment interest on damages arising from inverse condemnation actions shall be at the Category A rate of interest as specified by §54-3-16 on the day judgment is entered. This section shall apply retroactively to the day the loss or damage occurred in any pending action for inverse condemnation. The court shall compute and award the interest provided in this section and shall include such interest in the judgment in the same manner as it taxes costs.
Source:
SL 1990, ch 156, §1; SL 2003, ch 242, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-13.2 - Application of interest statutes.

21-1-13.2. Application of interest statutes.
The provisions of §21-1-13.1 apply to any suit commenced on or after July 1, 1990. The provisions of §§21-1-11 and 21-1-13 apply to any suit commenced before July 1, 1990.
Source:
SL 1990, ch 156, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-14 - Liability of issuer of bad check for collection costs--Costs included in restitution award.

21-1-14. Liability of issuer of bad check for collection costs--Costs included in restitution award.
Any person who violates §22-30A-24 or 22-30A-25 is liable, pursuant to §57A-3-420, for damages for the reasonable costs and expenses of collecting the dishonored check. Such reasonable costs and expenses including any necessary service or handling charge paid by any merchant, shall be included in any award of restitution made by the court in any action for a violation of §22-30A-24 or 22-30A-25.
Source:
SL 1983, ch 368, §3; SL 1986, ch 171, §1; SL 2005, ch 120, §139.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-15 - Definitions.

21-1-15. Definitions.
Terms used in this section and §21-1-16 mean:
(1)"Action," any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim for damage or the loss of use of real or personal property caused by a construction defect. The term does not include a counterclaim, cross-claim, or civil action in tort alleging personal injury or wrongful death resulting from a construction defect;
(2)"Construction defect," a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:
(a)Defective materials, products, or components used in the construction or remodeling of a residence;
(b)Violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence; or
(c)Failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards;
(3)"Construction professional," a builder, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any residence, whether operating as a sole proprietor, partnership, corporation, or other business entity;
(4)"Home owner," any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence. The term includes a subsequent purchaser of a residence from any home owner;
(5)"Residence," a single-family house or a unit in a multi-unit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system;
(6)"Serve" or "service," personal delivery or delivery by certified mail to the last known address of the addressee.
Source:
SL 2007, ch 137, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 01 - Actions For Damages Generally › Section 21-1-16 - Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate.

21-1-16. Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate.
Prior to commencing an action against the construction professional for a construction defect, a home owner shall:
(1)Serve on the construction professional a written notice describing the alleged construction defect; and
(2)Allow the construction professional, within thirty days after service of the notice, to inspect the alleged construction defect and serve on the home owner a written offer to repair the construction defect or compensate the owner by monetary payment.
The home owner may not commence an action against the construction professional for a construction defect until thirty days after the notice is served on the construction professional or until the construction professional refuses to remedy the alleged construction defect, whichever occurs first. Upon service of the notice, the statute of limitations set forth in chapter 15-2A is suspended for the thirty-day period or until the refusal, whichever occurs first. If the home owner commences an action against the construction professional without complying with the requirements of this section, the action shall be stayed until the home owner has complied with such requirements. No home owner is required to serve another written notice for any additional defects discovered after the home owner has served an initial written notice of a construction defect pursuant to this section. The provisions of this section do not apply to the initiation of a counterclaim or cross-claim in any action that is already properly commenced.
Source:
SL 2007, ch 137, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-1 - General measure of damages for breach of contract--Uncertain damages not recovered.

21-2-1. General measure of damages for breach of contract--Uncertain damages not recovered.
For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom. No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and their origin.
Source:
CivC 1877, §§1947, 1948; CL 1887, §4581; RCivC 1903, §2293; RC 1919, §1966; SDC 1939 & Supp 1960, §37.1801.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-2 - Damages for breach of obligation to pay money.

21-2-2. Damages for breach of obligation to pay money.
The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation with interest thereon.
Source:
CivC 1877, §1949; CL 1887, §4582; RCivC 1903, §2294; RC 1919, §1967; SDC 1939 & Supp 1960, §37.1802.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-3 - Damages for breach of agreement to convey real property.

21-2-3. Damages for breach of agreement to convey real property.
The detriment caused by the breach of an agreement to convey an estate in real property is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid, and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.
Source:
CivC 1877, §1953; CL 1887, §4586; RCivC 1903, §2298; RC 1919, §1970; SDC 1939 & Supp 1960, §37.1805.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-4 - Damages for breach of agreement to purchase real property.

21-2-4. Damages for breach of agreement to purchase real property.
The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract, over the value of the property to him.
Source:
CivC 1877, §1954; CL 1887, §4587; RCivC 1903, §2299; RC 1919, §1971; SDC 1939 & Supp 1960, §37.1806.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-5 - Damages for breach of covenant in grant of real property.

21-2-5. Damages for breach of covenant in grant of real property.
The detriment caused by the breach of a covenant of seizin, of right to convey, or warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:
(1)The price paid to the grantor, or if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore, at the time of the grant, to the value of the whole property;
(2)Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding six years;
(3)Any expenses properly incurred by the covenantee in defending his possession.
Source:
CivC 1877, §1951; CL 1887, §4584; RCivC 1903, §2296; RC 1919, §1968; SDC 1939 & Supp 1960, §37.1803.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-6 - Damages for breach of covenant against encumbrances.

21-2-6. Damages for breach of covenant against encumbrances.
The detriment caused by the breach of a covenant against encumbrances, in a grant of an estate in real property, is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof; not exceeding in the former case a proportion of the price paid to the grantor, equivalent to the relative value, at the time of the grant, of the property affected by the breach, as compared with the whole; or, in the latter case interest on a like amount.
Source:
CivC 1877, §1952; CL 1887, §4585; RCivC 1903, §2297; RC 1919, §1969; SDC 1939 & Supp 1960, §37.1804.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-7 - Damages for breach of warranty of agent's authority.

21-2-7. Damages for breach of warranty of agent's authority.
The detriment caused by the breach of a warranty of an agent's authority is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal.
Source:
CivC 1877, §1965; CL 1887, §4598; RCivC 1903, §2310; RC 1919, §1982; SDC 1939 & Supp 1960, §37.1809.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-8 - Damages for carrier's failure to accept freight, messages or passengers.

21-2-8. Damages for carrier's failure to accept freight, messages or passengers.
The detriment caused by breach of a carrier's obligation by failure to accept freight, messages, or passengers, is deemed to be the difference between the amount he had a right to charge for the carriage and the amount it would be necessary to pay for the same service when it ought to be performed.
Source:
CivC 1877, §1962; CL 1887, §4595; RCivC 1903, §2307; RC 1919, §1979; SDC 1939 & Supp 1960, §37.1808 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-9 - Damages for carrier's failure to deliver freight.

21-2-9. Damages for carrier's failure to deliver freight.
The detriment caused by breach of a carrier's obligation by failure to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery.
Source:
CivC 1877, §1963; CL 1887, §4596; RCivC 1903, §2308; RC 1919, §1980; SDC 1939 & Supp 1960, §37.1808 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 02 - Damages For Breach Of Contract › Section 21-2-10 - Damages for carrier's delay in delivery of freight.

21-2-10. Damages for carrier's delay in delivery of freight.
The detriment caused by breach of a carrier's obligation by delay in delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of depreciation in its intrinsic value, at the place where it ought to have been delivered and between the day at which it ought to have been delivered and the day of its actual delivery.
Source:
CivC 1877, §1964; CL 1887, §4597; RCivC 1903, §2309; RC 1919, §1981; SDC 1939 & Supp 1960, §37.1808 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-1 - General measure of damages for breach of noncontractual obligation--Foreseeability not required.

21-3-1. General measure of damages for breach of noncontractual obligation--Foreseeability not required.
For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Source:
CivC 1877, §1967; CL 1887, §4600; RCivC 1903, §2312; RC 1919, §1984; SDC 1939 & Supp 1960, §37.1901.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-2 - Punitive damages in discretion of jury.

21-3-2. Punitive damages in discretion of jury.
In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, actual or presumed, or in any case of wrongful injury to animals, being subjects of property, committed intentionally or by willful and wanton misconduct, in disregard of humanity, the jury, in addition to the actual damage, may give damages for the sake of example, and by way of punishing the defendant.
Source:
CivC 1877, §§1946, 1974; CL 1887, §§4580, 4607; RCivC 1903, §§2292, 2319; RC 1919, §§1965, 1991; SDC 1939 & Supp 1960, §37.1902.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-3 - Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.

21-3-3. Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.
The detriment caused by the wrongful conversion of personal property is presumed to be:
(1)The value of the property at the time of the conversion, with the interest from that time;
(2)Where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party;
(3)A fair compensation for the time and money properly expended in pursuit of the property.
Such presumptions cannot be repelled in favor of one whose possession was wrongful from the beginning by his subsequent application of the property to the benefit of the owner, without his consent.
Source:
CivC 1877, §§1970, 1971; SL 1885, ch 42, §1; CL 1887, §§4603, 4604; RCivC 1903, §§2315, 2316; RC 1919, §§1987, 1988; SDC 1939 & Supp 1960, §37.1910.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-4 - Lien holder's damages for conversion of personal property.

21-3-4. Lien holder's damages for conversion of personal property.
One having a mere lien on personal property cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by §21-3-3, for the loss of time and expenses.
Source:
CivC 1877, §1972; CL 1887, §4605; RCivC 1903, §2317; RC 1919, §1989; SDC 1939 & Supp 1960, §37.1912.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-5 - General measure of damages for wrongful occupation of real property.

21-3-5. General measure of damages for wrongful occupation of real property.
The detriment caused by the wrongful occupation of real property, in cases not embraced in §§21-3-6 to 21-3-9, inclusive, is deemed to be the value of the use of the property for the time of such occupation, not exceeding six years next preceding the commencement of the action or proceeding to enforce the rights to damages, and the costs, if any, of recovering the possession.
Source:
CivC 1877, §1968; CL 1887, §4601; RCivC 1903, §2313; RC 1919, §1985; SDC 1939 & Supp 1960, §37.1903.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-6 - Treble damages for forcible exclusion from real property.

21-3-6. Treble damages for forcible exclusion from real property.
For forcibly ejecting or excluding a person from the possession of real property, the measure of damages is three times such a sum as would compensate for the detriment caused to him by the act complained of.
Source:
CivC 1877, §1977; CL 1887, §4610; RCivC 1903, §2322; RC 1919, §1994; SDC 1939 & Supp 1960, §37.1907.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-7 - Double damages for failure of tenant to give up premises after notice of intention.

21-3-7. Double damages for failure of tenant to give up premises after notice of intention.
For the failure of a tenant to give up the premises held by him, when he has given notice of his intention to do so, the measure of damages is double the rent which he ought otherwise to pay.
Source:
CivC 1877, §1975; CL 1887, §4608; RCivC 1903, §2320; RC 1919, §1992; SDC 1939 & Supp 1960, §37.1905.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-8 - Double damages for holding over by tenant after expiration of term and notice to quit.

21-3-8. Double damages for holding over by tenant after expiration of term and notice to quit.
For willfully holding over real property, by a tenant after the end of his term, and after notice to quit has been duly given, and demand of possession made, the measure of damages is double the yearly value of the property, for the time of withholding, in addition to compensation for the detriment occasioned thereby.
Source:
CivC 1877, §1976; CL 1887, §4609; RCivC 1903, §2321; RC 1919, §1993; SDC 1939 & Supp 1960, §37.1906.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-9 - Measure of damages for holding over real property by conservator, trustee, or life tenant.

21-3-9. Measure of damages for holding over real property by conservator, trustee, or life tenant.
For willfully holding over real property by a person who entered upon the same as conservator or trustee for a minor, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over.
Source:
CivC 1877, §1969; CL 1887, §4602; RCivC 1903, §2314; RC 1919, §1986; SDC 1939 & Supp 1960, §37.1904; SL 1993, ch 213, §96.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-10 - Damages for wrongful injury to trees and plants.

21-3-10. Damages for wrongful injury to trees and plants.
The Guide for Plant Appraisal, Ninth Edition, as published by the International Society of Arboriculture as of January 1, 2007, shall be used as a guide to measure the actual damages for the wrongful injury to trees or plants.
Source:
CivC 1877, §1978; CL 1887, §4611; RCivC 1903, §2323; RC 1919, §1995; SDC 1939 & Supp 1960, §37.1908; SL 2007, ch 138, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-11 - Limitation on damages for medical malpractice.

21-3-11. Limitation on damages for medical malpractice.
In any action for damages for personal injury or death alleging malpractice against any physician licensed pursuant to chapter 36-4, chiropractor, optometrist, podiatrist, dentist, dental hygienist, dental assistant, hospital, critical access hospital, registered nurse, licensed practical nurse, certified registered nurse anesthetist, clinical nurse specialist, certified nurse practitioner, certified nurse midwife, or physician's assistant, or against the practitioner's corporate, limited liability partnership, or limited liability company employer based upon the acts or omissions of the practitioner, under the laws of this state, whether taken through the court system or by binding arbitration, the total general damages which may be awarded may not exceed the sum of five hundred thousand dollars. There is no limitation on the amount of special damages which may be awarded. This section applies only to causes of action arising from injuries or death occurring after July 1, 1976. However, in the case of chiropractors, it applies only to the causes of action arising from injuries or death occurring after July 1, 1978. In the case of optometrists, it applies only to causes of action arising from injuries or death occurring after July 1, 2002. In the case of podiatrists, it applies only to causes of action arising from injuries or death occurring after July 1, 2005.
Source:
SL 1976, ch 154, §§1, 2; SL 1978, ch 154; SL 1985, ch 167; SL 1986, ch 172; SL 1997, ch 123, §2; SL 2002, ch 99, §1; SL 2005, ch 119, §1; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-11.1 - Legislative findings--Revival of §21-3-11.

21-3-11.1. Legislative findings--Revival of §21-3-11.
As a result of the decision of the South Dakota Supreme Court in Knowles vs. United States, 1996 SD 10, 544 NW2d 183 (1996), the Legislature accepts the court's analysis and finds that Chapter 167 of the Session Laws of 1985 is now and has been part of the South Dakota Codified Laws since its effective date, codified as §21-3-11. The Legislature finds that amendment of the revived statute is necessary to recognize the evolution of levels of licensure from the time of initial passage of the statute to the present for the practitioners and entities addressed by the original version of the statute.
Source:
SL 1997, ch 123, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-12 - Evidence of special damages insurance from certain collateral sources admissible in personal injury actions for health care malpractice.

21-3-12. Evidence of special damages insurance from certain collateral sources admissible in personal injury actions for health care malpractice.
In any action for damages for personal injury or death alleging health care malpractice on the part of any physician, chiropractor, dentist, hospital, registered nurse, licensed practical nurse, or other practitioner of the healing arts, whether founded upon tort or contract, if it is alleged that the claimant suffered special damages by reason of such injury or death, evidence shall be admissible which is relevant to prove that any such special damages were paid for or are payable by, in whole or in part, insurance which is not subject to subrogation and which was not purchased privately, in whole or in part, by the claimant, claimant's decedent, or a member of the immediate family of claimant or claimant's decedent, or were paid for, or are payable by, in whole or in part, state or federal governmental programs not subject to subrogation.
Source:
SL 1977, ch 182.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-13 - Limitation of damages recoverable for injury or death of rodeo contestant.

21-3-13. Limitation of damages recoverable for injury or death of rodeo contestant.
No person who voluntarily participates as a contestant in any rodeo, his representative or his estate may recover damages in excess of one hundred thousand dollars for wrongful death or personal injury arising out of such participation.
Source:
SL 1985, ch 168, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-14 - Local law where personal injury occurs determines survival of claim.

21-3-14. Local law where personal injury occurs determines survival of claim.
In any action arising out of an injury to the person, the local law of the state where the injury occurs determines whether a claim for damages survives the death of the party sought to be held liable or of the injured person. For purposes of this section, the place where the injury occurs is the place where the forces causing the injury first result in actionable injury to the injured person.
Source:
SL 2011, ch 112, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03 - Damages For Torts › Section 21-3-15 - Limitation of damages recoverable for injury or death resulting from negligence of child welfare agency.

21-3-15. Limitation of damages recoverable for injury or death resulting from negligence of child welfare agency.
In a tort action against an entity licensed as a child welfare agency under subdivision 26-6-14(4), or against any officer, director, or employee of the entity, to recover damages for injury or loss to a person or property arising out of any act or omission within the scope of the entity's license, an award of damages may not exceed one million dollars, exclusive of interest from the date of judgment. If the limit on total damages under this section is determined to be unconstitutional, the limit only applies to noneconomic damages.
Source: SL 2022, ch 58, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-1 - Definition of terms.

21-3A-1. Definition of terms.
Terms used in this chapter, mean:
(1)"Bodily injury," any bodily harm, sickness, disease, or death;
(2)"Economic loss," any pecuniary harm for which damages are recoverable;
(3)"Future damages," any damages arising from bodily injury which the trier of fact finds will accrue after the damages findings are made;
(4)"Noneconomic loss," any nonpecuniary harm for which damages are recoverable, but the term does not include punitive or exemplary damages;
(5)"Past damages," any damages that have accrued when the damages findings are made, including any punitive or exemplary damages allowed by law; and
(6)"Qualified insurer," any insurer, self-insurer, plan, or arrangement approved pursuant to §21-3A-12.
Source:
SL 1986, ch 163, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-1.1 - Purposes of chapter.

21-3A-1.1. Purposes of chapter.
The purposes of this chapter are to fully and fairly compensate injured parties as well as to:
(1)Alleviate some of the practical problems incident to unpredictability of large future losses;
(2)Effectuate more precise awards of damages for actual losses;
(3)Pay damages as the trier of fact finds the losses will accrue; and
(4)Assure that payments of damages more nearly serve the purposes for which they are awarded.
Source:
SL 1986, ch 163, §15, as added by SL 1988, ch 181, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-1.2 - Applicability of chapter.

21-3A-1.2. Applicability of chapter.
The provisions of this chapter apply only to any action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake or failure to cure, whether based upon contract or tort, and to the professional corporation or corporations of any such practitioner of the healing arts.
Source:
SL 1986, ch 163, §16, as added by SL 1988, ch 181, §6.