Title 21 — JUDICIAL REMEDIES

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, §…

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. 21-1-11. Repealed by SL 20…

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. 21-1-13. Repealed by SL 2014, ch 108 , § 2.

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…

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.

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, …

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 d…

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 da…

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.

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; …

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.

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 reason…

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 pe…

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 …

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 b…

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 wrongdoe…

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.

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 thi…

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 depreciat…

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.

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, t…

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, § 45…

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 …

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 ca…

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 e…

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 oug…

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 h…

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 …

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 a…

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…

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 bas…

In all cases covered by this chapter in which future damages are payable in periodic installments, the liability for payment of any installments for medical or other costs of health care or noneconomic loss not yet due at the death of a person entitled to receive these benefits t…

If security is posted in accordance with § 21-3A-8 and approved under a final judgment entered under this chapter, the judgment is satisfied and the judgment debtor on whose behalf the security is posted is discharged. Source: SL 1986, ch 163 , § 11.

The director of the Division of Insurance shall establish rules: (1) For determining which insurers, self - insurers, plans, or arrangements are financially qualified to provide the security required under this Act and to be designated as qualified insurers; (2) To require insure…

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

In order to invoke this chapter, a party to an action for bodily injury shall make an effective election in accordance with this section within one hundred twenty days after service of the complaint. The election shall be made in accordance with rules of court. Any objection to t…