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

SOUTH DAKOTA

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years with Discovery Rule.

Medical Malpractice

Negligence of Dentist, Hospital, R.N., L.P.N., Chiropractor (other practiononers of healing arts). 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.

Caps:
Total general damages in medical malpractice actions limited to $500,000. No limit on special damages. Previous cap declared unconstitutional, but amended statute has not been tested.

Malpractice (Other Professions)

years for legal malpractice with Discovery Rule.

Products Liability

years with Discovery Rule but 6 year SOR after purchase.

Intentional Torts

years

Fraud

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

Municipal Liability/Sovereign Immunity

Limited. 2 years for personal injury or wrongful death. Subject to statutory exceptions.  Subject to certain statutory exceptions, state and counties, cities, townships and school districts are not liable for damages for neglectful performance of their governmental duties. Employee, officer or agent of state or public entity, acting within scope of employment or agency also immune from liability. Immunity not available for state employees performing ministerial functions. To extent, however, of liability insurance covering state, or other public entity, and its officers, agents and employees, sovereign immunity is deemed waived. Immunity also waived to extent public entity participates in risk sharing pool. For such waiver to be effective in action against state official, employee or agent, notice must be given by certified mail to attorney general.

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. SOL does not run during absence or concealment of defendant.

Damages

Medical malpractice limited to $500,000.

Punitive Damages

Where defendant has been guilty of oppression, fraud, or malice, actual or presumed, or for wrongful injury to animals, committed intentionally or by willful and wanton misconduct, in disregard of humanity, in addition to actual damages jury may award damages for sake of example and as punishment. In claim alleging punitive damages, before discovery may be commenced and before submitted to factfinder, court must hold hearing and find, by clear and convincing evidence, reasonable basis that there has been willful, wanton or malicious conduct. 

Caps:
Total general damages in medical malpractice actions limited to $500,000. Previous cap declared unconstitutional, but amended statute has not been tested.

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)