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76 chapters · 1,068 sections in this title.
SDCL § 21-5-1 Liability for wrongful death where damages for injury could have been recovered--Unborn child
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Whenever the death or injury of a person, including an unborn child, shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would have entitled the party injured to maintain an action and recover damages in respect thereto, if death ha…
SDCL § 21-5-2 Causes of action surviving death of defendant
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Actions for wrongful death or personal injury shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death or injury of the injured person. Source: SDC 1939, § 37.2201 as added by SL 1947, ch 172 .
SDCL § 21-5-3 Limitation of actions
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Every action for wrongful death shall be commenced within three years after the death of such deceased person. Source: SL 1909, ch 301 , § 3; RC 1919, § 2931; SDC 1939, § 37.2203; SL 1947, ch 173 ; SL 1951, ch 193 ; SL 1957, ch 194 ; SL 1963, ch 235 ; SL 1967, ch 149 .
SDCL § 21-5-4 Foreign statute of limitations applicable
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Whenever the death of a citizen of this state has been caused by a wrongful act, neglect, or default in another state, territory, or foreign country for which a right to maintain an action and recover damages in respect thereto is given by a statute of such other state, territory…
