SOUTH DAKOTA

Negligence / Personal Injury
3 Years Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued:
(3) An action for personal injury. S.D. Codified Laws § 15-2-14
Toxic Tort
3 Years Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued:
(3) An action for personal injury. S.D. Codified Laws § 15-2-14
Wrongful Death
3 Years Every action for wrongful death shall be commenced within three years after the death of such deceased person. S.D. Codified Laws § 21-5-3
Medical Malpractice
2 Years An action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake, or failure to cure, whether based upon contract or tort, can be commenced only within two years after the alleged malpractice, error, mistake, or failure to cure shall have occurred, provided, a counterclaim may be pleaded as a defense to any action for services brought by a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts after the limitation herein prescribed, notwithstanding it is barred by the provisions of this chapter, if it was the property of the party pleading it at the time it became barred and was not barred at the time the claim was sued or originated, but no judgment thereon except for costs can be rendered in favor of the party so pleading it. S.D. Codified Laws § 15-2-14.1

SDCL 15–2–14.1 is an “occurrence rule” statute of limitations for medical malpractice. Beckel v. Gerber, 578 N.W.2d 574, 578. The cause of action for medical malpractice accrues when the malpractice occurs. Peterson v. Burns,635 N.W.2d 556, 563 (2001).
Malpractice (Other Professions)
3 Years for legal malpractice with Discovery Rule.
Products Liability
3 Years

An action against a manufacturer, lessor, or seller of a product, regardless of the substantive legal theory upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, inspection, preparation, assembly, testing, packaging, labeling, or sale of any product or failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product may be commenced only within three years of the date when the personal injury, death, or property damage occurred, became known or should have become known to the injured party. S.D. Codified Laws § 15-2-12.2

Discovery:

An action against a manufacturer, lessor, or seller of a product, regardless of the substantive legal theory upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, inspection, preparation, assembly, testing, packaging, labeling, or sale of any product or failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product may be commenced only within three years of the date when the personal injury, death, or property damage occurred, became known or should have become known to the injured party. S.D. Codified Laws § 15-2-12.2

Fraud
6 Years Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued:
(6) An action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery; S.D. Codified Laws § 15-2-13

Pursuant to SDCL 15-2-3, a cause of action for fraud “shall not be deemed to have accrued until the aggrieved party discovers, or has actual or constructive notice of, the facts constituting the fraud.” Anderson v. Production Credit Ass'n, 482 N.W.2d 642, 644 (S.D. 1992)
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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