South Dakota law
Premises Liability Laws in South Dakota.
South Dakota premises liability follows traditional categories but applies a distinctive **"slight/gross"** comparative fault rule — plaintiff's negligence must be SLIGHT in comparison to defendant's GROSS negligence to permit recovery. This is one of the most defendant-friendly comparative-fault rules in the U.S. South Dakota has a Recreational Use Immunity statute. South Dakota dog-bite liability follows the one-bite rule unless enhanced by specific statute.
Last verified: 2026-04-17
State law
Statute of Limitations
3-year general personal injury statute applies.
State law
Fault & Liability Rules
South Dakota applies a distinctive "slight/gross" comparative fault rule: a plaintiff's contributory negligence does not bar recovery ONLY if plaintiff's negligence was "slight" in comparison to defendant's "gross" negligence. If plaintiff's negligence is more than slight (or defendant's is less than gross), plaintiff is barred. Among the most defendant-friendly rules in the U.S.
State law
Key South Dakota Statutes
Landowners owe invitees a duty of reasonable care, including inspection and warning.
Landowners who permit free recreational use owe no duty of care absent willful or malicious conduct.
South Dakota generally follows the common-law one-bite rule. Plaintiffs must prove owner's actual or constructive knowledge of the dog's dangerous propensities, or prove negligence.
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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