South Dakota law
Personal Injury Laws in South Dakota.
South Dakota uses a unique "slight/gross" comparative negligence system — you can recover damages only if your negligence was "slight" compared to the defendant's. This is the only such system in the nation. The general statute of limitations for personal injury is 3 years. South Dakota is a traditional tort (fault-based) auto insurance state with 25/50/25 minimum liability coverage.
Last verified: 2026-02-26
State law
Statute of Limitations
Personal injury claims must be filed within 3 years of the date of injury. This applies to car accidents, slip and falls, dog bites, and other negligence-based injuries.
Exceptions
Medical malpractice claims must be filed within 2 years of the date the alleged malpractice occurred. South Dakota does not apply a discovery rule — the clock starts on the date of the error, not when you learned about it.
Wrongful death actions must be brought within 3 years of the date of death by the personal representative of the deceased person's estate.
Claims against the State of South Dakota must generally be commenced within 1 year. Claims against a municipality must be commenced within 2 years.
State law
Fault & Liability Rules
South Dakota uses the only "slight/gross" comparative negligence system in the nation. You can recover damages only if your negligence was "slight" in comparison with the defendant's negligence. If your fault is more than "slight," you recover nothing. If you do recover, your damages are reduced by your percentage of fault. Courts have held that 30% fault is more than "slight" as a matter of law.
State law
Damage Caps
South Dakota does not impose a statutory cap on compensatory damages in general personal injury cases.
Punitive damages require clear and convincing evidence of willful, wanton, or malicious conduct. The court must hold a pretrial hearing before a punitive damages claim can proceed to trial.
State law
Auto Insurance System
South Dakota is a traditional tort (fault-based) auto insurance state. The at-fault driver is responsible for damages. All motorists must carry minimum 25/50/25 liability coverage: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. Uninsured/underinsured motorist coverage is also required.
State law
Key South Dakota Statutes
Defendants who are 50% or more at fault are fully jointly and severally liable. Defendants below 50% fault are liable for no more than twice their proportionate share of fault.
The personal representative of the deceased person's estate may bring a wrongful death suit. Damages may include loss of financial support, loss of companionship, and funeral expenses.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Dakota.
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