South Dakota

Find an Attorney in South Dakota

South Dakota uses a unique "slight/gross" comparative fault rule — recovery is allowed only when the plaintiff’s negligence is "slight" in comparison to the defendant’s "gross" negligence. That standard isn’t found anywhere else in the country and makes case selection genuinely different in SD.

Practice areas in South Dakota

Common questions about South Dakota attorneys

South Dakota is the only state still using this rule under SDCL § 20-9-2. A plaintiff can recover only if her own negligence is "slight" when compared to the defendant’s negligence (which must be more substantial). If the plaintiff’s negligence is more than slight, recovery is barred — the rule effectively functions as a strong comparative bar but with terminology not found elsewhere. The jury determines whether plaintiff fault is "slight" as a question of fact.
Three years from the date of injury under SDCL § 15-2-14 for most negligence claims. Claims against governmental entities require notice under SDCL § 3-21-3. Medical malpractice has a 2-year SOL with a 5-year statute of repose under SDCL § 15-2-14.1.
Yes — SDCL § 21-3-11 caps medical-malpractice non-economic damages at $500,000. The cap was upheld in Knowles v. United States (1996). Punitive damages are also restricted with procedural safeguards under SDCL § 21-1-4.1. The slight/gross negligence rule effectively limits recovery in many PI cases regardless of statutory caps.
South Dakota adopted slight/gross comparative negligence in 1941 as an intermediate step away from pure contributory negligence — historically less harsh than contributory but stricter than pure or modified comparative. The legislature has never moved to a more standard comparative-fault framework. Critics argue the standard is vague and produces inconsistent jury decisions; defenders note it’s served South Dakota for 80+ years.
South Dakota workers’ comp under SDCL § 62 runs through the Department of Labor and Regulation. You file a First Report of Injury, attend a hearing before a Workers’ Compensation Administrative Law Judge if disputed, and can appeal to circuit court. Income benefits are 60% of average weekly wage up to a state maximum — among the lower percentages of any state. Medical treatment is generally employer-directed.

Ready to find your attorney?

Tell us what happened — we’ll match you with a South Dakota attorney who can evaluate your case.

Find my attorney

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.