Persons who may bring action for damages.

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22-24A-8. Persons who may bring action for damages.

Any of the following persons may bring an action for damages caused by another person's conduct as proscribed by §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, 22-49-1 to 22-49-3, inclusive, and 43-43B-1 to 43-43B-3, inclusive:

(1)The child;

(2)Any parent, legal guardian, or sibling of a victimized child;

(3)Any medical facility, insurer, governmental entity, employer, or other entity that funds a treatment program or employee assistance program for the child or that otherwise expended money or provided services on behalf of the child;

(4)Any person injured as a result of the willful, reckless, or negligent actions of a person who knowingly participated in conduct proscribed by §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive.

If the parent or guardian is named as a defendant in the action, the court shall appoint a special guardian to bring the action on behalf of the child.

Source: SL 2002, ch 109, §15; SDCL §22-22-24.8; SL 2005, ch 120, §§407, 411; SL 2014, ch 109, §21.


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