Actual use of drug required

SDCL § 34-20C-9, under CIVIL LIABILITY FOR DRUG DEALERS.

SDCL § 34-20C-9

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. 34-20C-10 . Types of damages recoverable under § 34-20C-8 . Any person entitled to bring an action under § 34-20C-8 may recover only the following damages: (1) Economic damages, including the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use; (2) Attorneys' fees; and (3) Disbursements. Source: SL 1997, ch 203 , § 11.