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

South Dakota Statutes

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

South Dakota·Title 34 PUBLIC HEALTH AND SAFETY·Ch. 34-20C CIVIL LIABILITY FOR DRUG DEALERS

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.

South Dakota § 34-20C-13 (Comparative responsibility--Burden of proof.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.