South Dakota § 34-20C-13 Comparative responsibility--Burden of proof.

South Dakota Statutes

§ 34-20C-13 — Comparative responsibility--Burden of proof.

South Dakota § 34-20C-13

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-20CCIVIL LIABILITY FOR DRUG DEALERS

This text of South Dakota § 34-20C-13 (Comparative responsibility--Burden of proof.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-20C-13 (2026).

Text

Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff. The burden of proving the comparative responsibility of the plaintiff is on the defendant and shall be shown by clear and convincing evidence. Comparative responsibility may not be attributed to a plaintiff who is not a user.

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Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff. The burden of proving the comparative responsibility of the plaintiff is on the defendant and shall be shown by clear and convincing evidence. Comparative responsibility may not be attributed to a plaintiff who is not a user.