South Dakota § 22-46-13 Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

South Dakota Statutes

§ 22-46-13 — Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

South Dakota·Title 22 CRIMES·Ch. 22-46 ABUSE, NEGLECT, OR EXPLOITATION OF ELDERS OR ADULTS WITH DISABILITIES

A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or 22-46-3 . If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation. The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation. The action may be brought in any court of competent jurisdi

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A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or 22-46-3 . If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation. The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation. The action may be brought in any court of competent jurisdiction to enforce the action. A party who prevails in the action may recover reasonable attorney's fees, costs of the action, compensatory damages, and punitive damages.

South Dakota § 22-46-13 (Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.