Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

SOUTH DAKOTA

Negligence / Personal Injury

3 Years 3 years with Discovery Rule.

Products Liability

3 Years 3 years with Discovery Rule but 6 year SOR after purchase.

Wrongful Death

3 Years 3 years with Discovery Rule.

Medical Malpractice

2 Years 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.

Legal Malpractice

3 Years 3 years with Discovery Rule.

Intentional Torts

2 Years 2 years

Discovery Rule

Standard rule applies in S.D. except for specific rules in medical malpractice and products liability cases.

Fraud of Defendant

6 Years.  SOL runs from when fraud discovered, or should have been discovered.

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

Medical malpractice limited to $500,000.

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.

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.

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

Consumer Fraud Complaint

South Dakota Office of the Attorney General, Consumer Protection
(605) 773-4400
(800) 300-1986 (South Dakota only)