Any person who violates § 22-40-17 is liable in a civil action to any person for any injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney’s fees, court costs, and other reasonable expenses incurred as a result of prosecuting a civil action commenced under this section. A civil action under this section is not the exclusive remedy of a person who incurs injury, death, or loss to persons or property as a result of a violation of § 22-40-17.

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Terms Used In South Dakota Codified Laws 20-9-35

Source: SL 1997, ch 45, § 14; SDCL § 22-11-35; SL 2005, ch 120, § 232, eff. July 1, 2006.