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SOUTH DAKOTA

Negligence / Personal Injury
3 Years with Discovery Rule.
Wrongful Death
3 Years with Discovery Rule.
Medical Malpractice
2 Years with Discovery Rule. SOL extended by continuous treatment. In the case of a minor under six, the child has two years after his or her sixth birthday to file a medical malpractice action. In the case of minors six and older, the minor must file suit within three years of the malpractice.
Malpractice (Other Professions)
3 Years for legal malpractice with Discovery Rule.
Products Liability
3 Years with Discovery Rule but 6 year SOR after purchase.
Intentional Torts
2 Years
Fraud
6 Years SOL runs from when fraud discovered, or should have been discovered.
Municipal Liability/Sovereign Immunity
Subject to statutory exceptions. State and counties, cities and townships, and school districts are not liable for damages for neglectful conduct. Officer or employee of state acting within scope of employment is immune from liability. To extent, however, of liability insurance covering state, or any other public entity, sovereign immunity deemed waived.
Discovery Rule
Standard rule applies in S.D. except for specific rules in medical malpractice and products liability cases.
Comparative Negligence
Only reduces plaintiff's recovery if plaintiff's negligence found to be slight.
Charitable Immunity
Not specifically waived but recoveries are permitted when insurance exists.
Disabilities
For infants (18th birthday), incompetents, or insane persons, SOL is excluded until disability ends. Toll cannot extend more than 5 years, unless infant or, in any case, more than 1 year after disability ceases.
Damages
Only reduces plaintiff's recovery if plaintiff's negligence found to be slight.
Punitive Damages
Court must first hold hearing and find by clear and convincing evidence that there has been willful, wanton or malicious conduct. Caps: None
No-Fault Insurance
Optional coverage
Consumer Fraud Complaint
South Dakota Office of the Attorney General, Consumer Protection
http://www.state.sd.us/attorney/office/divisions/consumer/default.asp
(605) 773-4400
(800) 300-1986 (South Dakota only)

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