South Dakota Personal Injury Law

The following summary of South Dakota personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.

South Dakota Statute of Limitations:

• Personal Injury: 3 years for negligent conduct
• Medical Malpractice: 2 years for all general medical malpractice claims
• Product Liability: 3 years from the date of injury to a maximum of 6 years

Caps on Personal Injury Awards in South Dakota:

There are no caps in the state of South Dakota.

South Dakota Serious Injury Threshold:

There is no injury threshold in the state of South Dakota.

South Dakota is a Fault state and follows the pure comparative negligence theory, therefore a victim can still recover even if they are 99% at fault, though the recovery would be reduced accordingly.

Personal Injury Claims & Case Types in South Carolina:

Auto Accident Claim: The owner or operator of a motor vehicle will be liable for the damages of another if they either own a vehicle that they have negligently entrusted to another, or if they themselves negligently operate the vehicle.

Product Liability Lawsuit: If a product has been placed in the stream of commerce and an injury results, the manufacturer, designer or distributor of the product can be held strictly liable for those injuries. Strict liability is founded on the idea that products are presumed to be safe based upon all of the testing that occurs before making products available.

Workers Compensation Law: In the state of South Dakota, employers are required to carry workers compensation (through their compulsory system) in the event that their employees are injured in the scope of employment.

Wrongful Death Case: If, through a party's negligence they cause the death of another person, they will be liable to the estate of the victim regardless of whether the negligence was in the course of premises liability, an auto accident or medical malpractice.

Medical Malpractice Claims: These occur when a medical professional has acted below the standard of care required by the governing medical community. If a doctor or other professional was negligent in their duties, they can be held liable.

Slip and Fall Accident: If a property owner fails to correct a dangerous condition or fails to discover a condition that would have been found through a reasonable inspection, and injury occurs, that property owner will be liable for their damages.

For More Information Check out these sites:

South Dakota State Government

South Dakota Department of Insurance