Any of the following persons may bring an action for damages caused by another person‘s use of an illegal drug:

(1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;

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Terms Used In South Dakota Codified Laws 34-20C-4

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Any person who was exposed to an illegal drug in utero;

(3) An employer of the user;

(4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the user or that otherwise expended money on behalf of the user;

(5) Any person injured as a result of the willful, reckless, or negligent actions of a user.

Source: SL 1997, ch 203, § 5.