Title 21 — JUDICIAL REMEDIES

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: …

The Guide for Plant Appraisal, Tenth Edition Revised, as published by the International Society of Arboriculture, 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 …

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…

Legislative findings--Revival of §

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 …

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.

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 inj…

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 t…

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 t…

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 e…

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 …

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…

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 193…

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 compensatio…

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 …