South Dakota is an at-fault state with a three-year statute of limitations and one of the most unique comparative fault rules in the nation the "slight/gross" standard. Under this rule, a plaintiff can only recover if their negligence was "slight" in comparison to the defendant's negligence. If the plaintiff's fault is more than slight, they are completely barred from recovery. South Dakota imposes no general caps on personal injury damages, though medical malpractice non-economic damages are capped at $500,000. Auto insurance minimums are 25/50/25.
South Dakota provides a three-year statute of limitations for most personal injury claims under S.D. Codified Laws § 15-2-14(3). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.
Wrongful death: Three years from the date of death under S.D. Codified Laws § 21-5-3.
Medical malpractice: Two years from the date of the act or omission. The discovery rule applies when the injury is not immediately apparent.
Property damage: Six years.
Claims against any South Dakota public entity require written notice within 180 days of the injury under S.D. Codified Laws § 3-21-2. The notice must include the time, place, and cause of injury. Claims against the state must be filed within one year. Claims against municipalities must be filed within two years. Government immunity is waived only to the extent the entity carries insurance.
The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies when the injury or its cause is not immediately apparent.
South Dakota follows one of the most distinctive comparative fault rules in the country under S.D. Codified Laws § 20-9-2. Unlike standard modified comparative fault systems, South Dakota uses a "slight in comparison" standard:
A plaintiff can recover damages only if their negligence was "slight" in comparison with the negligence of the defendant. If the plaintiff's negligence is found to be more than slight, they are completely barred from recovery even if the defendant was primarily at fault. When recovery is allowed, damages are reduced in proportion to the plaintiff's percentage of fault.
This is a significantly more restrictive standard than the 50% or 51% bar used by most modified comparative fault states. What constitutes "slight" negligence is determined by the jury on a case-by-case basis, making outcomes less predictable.
Seatbelt evidence: South Dakota allows evidence of seatbelt non-use to reduce damages under S.D. Codified Laws § 32-37-1.
South Dakota imposes no caps on economic or non-economic damages in most personal injury cases, including auto accidents, premises liability, and general negligence.
Under S.D. Codified Laws § 21-3-11, non-economic damages in medical malpractice cases are capped at $500,000. Economic damages are not capped.
South Dakota has no statutory cap on punitive damages, though they are subject to constitutional due process limitations. Punitive damages require proof by clear and convincing evidence.
Government liability is limited to the extent of the entity's insurance coverage. There are no specified statutory damage caps beyond the insurance policy limits, but sovereign immunity significantly limits available claims.
South Dakota is an at-fault (tort) state.
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
South Dakota does not require Personal Injury Protection (PIP) coverage.
Uninsured/Underinsured Motorist (UM/UIM) coverage must be offered by insurers, but drivers may reject it in writing.
Personal injury lawsuits in South Dakota are filed in Circuit Court, the state's trial court of general jurisdiction. South Dakota has 66 counties organized into seven judicial circuits. Small Claims Court handles cases up to $12,000.
Minnehaha County (Sioux Falls) and Pennington County (Rapid City) handle the vast majority of personal injury litigation in the state.
South Dakota's rural geography, severe weather, agricultural economy, tourism destinations, and extensive highway system generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-90, I-29, and rural highways with high speed limits), commercial truck accidents, motorcycle accidents (particularly during the Sturgis Motorcycle Rally, one of the largest in the world), pedestrian accidents, agricultural and farming injuries (machinery, grain bins, livestock), premises liability (including slip-and-fall and winter weather injuries), medical malpractice, product liability, wrongful death, construction accidents, workplace injuries, nursing home abuse, dog bites (South Dakota follows common law negligence no strict liability dog bite statute; owner liable if they knew or should have known of dangerous propensities), tourism and recreation injuries (Mount Rushmore area, Black Hills, Badlands), hunting and outdoor recreation accidents, severe weather injuries (tornado, blizzard, ice storm damage), oil pipeline and energy industry injuries, and railroad crossing accidents on rural roads.
Have questions about injury claims? Visit our Personal Injury FAQ for answers to the most common questions injury victims ask.
South Dakota provides a three-year statute of limitations for most personal injury claims under S.D. Codified Laws § 15-2-14(3). This applies to motor vehicle accidents, premises liability, product liability, and general negligence. Wrongful death claims also carry a three-year deadline from the date of death under S.D. Codified Laws § 21-5-3.
South Dakota follows one of the most distinctive comparative fault rules in the country under S.D. Codified Laws § 20-9-2. A plaintiff can recover damages only if their negligence was "slight" in comparison with the negligence of the defendant. If the plaintiff's negligence is more than slight, they are completely barred from recovery, even if the defendant was primarily at fault.
South Dakota imposes no caps on economic or non-economic damages in most personal injury cases, including auto accidents, premises liability, and general negligence. Medical malpractice non-economic damages are capped at $500,000 under S.D. Codified Laws § 21-3-11, but economic damages are not capped. South Dakota has no statutory cap on punitive damages, though they are subject to constitutional due process limitations.
South Dakota requires liability minimums of 25/50/25: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property damage. PIP coverage is not required. Uninsured/Underinsured Motorist coverage must be offered by insurers, but drivers may reject it in writing.
Claims against any South Dakota public entity require written notice within 180 days of the injury under S.D. Codified Laws § 3-21-2. The notice must include the time, place, and cause of injury. Claims against the state must be filed within one year, and claims against municipalities within two years. Government immunity is waived only to the extent the entity carries insurance.
Personal injury lawsuits in South Dakota are filed in Circuit Court, the state's trial court of general jurisdiction. Small Claims Court handles cases up to $12,000. Minnehaha County (Sioux Falls) and Pennington County (Rapid City) handle the vast majority of personal injury litigation in the state.
This is not legal advice. This page provides general information about South Dakota personal injury law and is not a substitute for professional legal counsel. If you have been injured, consult with a qualified personal injury attorney licensed in South Dakota to discuss the specific facts of your case.
Featured Major Verdict Members in South Dakota
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