25.495.12 100th Legislative Session 1086
2025 South Dakota Legislature
House Bill 1086
Introduced by: Representative Shorma
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to clarify a provision related to the award of punitive damages in a wrongful 1
death action. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That ยง 21-5-7 be AMENDED: 4
21-5-7. In every action for wrongful death, the jury may give such award the 5
amount of damages as they may think the jury believes to be proportionate to the 6
pecuniary injury resulting from such the death, to the persons respectively person or 7
persons for whose benefit such the action shall be is brought. Notwithstanding any judicial 8
decision interpreting this section, punitive damages are not available in a wrongful death 9
action. 10