What is South Dakota's law on strict product liability?

South Dakota adopted strict liability for product defects. (Restatement (Second) Torts § 402A; SD common law)

South Dakota law

Product Liability Laws in South Dakota.

South Dakota applies strict product liability for design, manufacturing, and warning defects. South Dakota adopted Restatement (Second) Torts § 402A. Plaintiffs may recover under strict liability, negligence, or breach of warranty. South Dakota has an 6-year statute of repose for products (SDCL § 15-2A-3). Compensatory damages are not capped. South Dakota's distinctive slight/gross comparative fault rule makes product-liability recovery more difficult than in most states.

Last verified: 2026-04-17

State law

Statute of Limitations

3 years; 6-year statute of reposeSDCL §§ 15-2-14, 15-2A-3

3-year statute from discovery. 6-year statute of repose from date of delivery to first purchaser — among the shorter reposes in the U.S.

State law

Damage Caps

Compensatory Damages: No cap

South Dakota does not cap compensatory damages in product-liability cases.

Punitive Damages: No statutory cap

Punitive damages available for conduct showing malice, fraud, or willful or wanton misconduct.

State law

Key South Dakota Statutes

Strict Product LiabilityRestatement (Second) Torts § 402A; SD common law

South Dakota adopted strict liability for product defects.

Slight/Gross Comparative Fault AppliesSDCL § 20-9-2

South Dakota's distinctive slight/gross comparative fault rule applies to product liability — plaintiff's fault must be slight in comparison to defendant's gross to permit recovery.

State law

Official Sources

South Dakota Codified Laws

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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Product Liability Laws in South Dakota.

Statute of Limitations

Damage Caps

Key South Dakota Statutes

Official Sources

Not Legal Advice

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