Section 49-13-14.1 - Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees. - South-dakota Statutes

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49-13-14.1. Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees. If any telecommunications company or motor carrier subject to the provisions of this chapter does, causes or permits any act or thing prohibited in chapters 49-7 to 49-11, inclusive, and §§ 49-31-7 and 49-31-7.1 or omits to do any act or thing required to be done, such telecommunications company or motor carrier is liable to the person injured thereby for the amount of damages sustained in consequence of any such violation, if recovered without suit; or if recovered by suit, such telecommunications company or motor carrier is liable to the person injured thereby for not to exceed twice the amount of damages sustained in consequence of any such violation complained of, together with costs of suit and a reasonable attorney fee, to be fixed by the court in which the suit is heard on appear or otherwise, which shall be taxed and collected as part of the costs in the case.

Source: SDC 1939, § 52.0214; SDCL, § 49-3-21; SL 1987, ch 345, § 27.

State Codes and Statutes

Statutes > South-dakota > Title-49 > Chapter-13 > Statute-49-13-14-1

49-13-14.1. Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees. If any telecommunications company or motor carrier subject to the provisions of this chapter does, causes or permits any act or thing prohibited in chapters 49-7 to 49-11, inclusive, and §§ 49-31-7 and 49-31-7.1 or omits to do any act or thing required to be done, such telecommunications company or motor carrier is liable to the person injured thereby for the amount of damages sustained in consequence of any such violation, if recovered without suit; or if recovered by suit, such telecommunications company or motor carrier is liable to the person injured thereby for not to exceed twice the amount of damages sustained in consequence of any such violation complained of, together with costs of suit and a reasonable attorney fee, to be fixed by the court in which the suit is heard on appear or otherwise, which shall be taxed and collected as part of the costs in the case.

Source: SDC 1939, § 52.0214; SDCL, § 49-3-21; SL 1987, ch 345, § 27.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-49 > Chapter-13 > Statute-49-13-14-1

49-13-14.1. Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees. If any telecommunications company or motor carrier subject to the provisions of this chapter does, causes or permits any act or thing prohibited in chapters 49-7 to 49-11, inclusive, and §§ 49-31-7 and 49-31-7.1 or omits to do any act or thing required to be done, such telecommunications company or motor carrier is liable to the person injured thereby for the amount of damages sustained in consequence of any such violation, if recovered without suit; or if recovered by suit, such telecommunications company or motor carrier is liable to the person injured thereby for not to exceed twice the amount of damages sustained in consequence of any such violation complained of, together with costs of suit and a reasonable attorney fee, to be fixed by the court in which the suit is heard on appear or otherwise, which shall be taxed and collected as part of the costs in the case.

Source: SDC 1939, § 52.0214; SDCL, § 49-3-21; SL 1987, ch 345, § 27.