Construction Site Injuries in South Dakota
Whether an injured construction worker in South Dakota can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Injured construction workers' claims against their own employer go through workers' compensation, which excludes all other rights and remedies against the employer and its employees, partners, officers and directors, except claims arising from an intentional tort. SDCL 62-3-2, 62-4-38
| Construction site injuries | Injured construction workers' claims against their own employer go through workers' compensation, which excludes all other rights and remedies against the employer and its employees, partners, officers and directors, except claims arising from an intentional tort. If someone other than the employer is legally liable (such as another contractor or an equipment maker), the worker may claim compensation, sue that person, or proceed against both; damages recovered from the third party offset the workers' comp benefits. No New York-style scaffold statute was located; a full-code review was not done. Source: SDCL 62-3-2, 62-4-38 |
|---|---|
| Fault rule (comparative negligence) | South Dakota uses a "slight negligence" comparison rather than a percentage bar. An injured person's contributory negligence does not bar recovery if it was slight in comparison with the defendant's negligence; damages are then reduced in proportion to the injured person's negligence. If the injured person's negligence was more than slight in comparison, recovery is barred. The jury decides this without being told any percentage of fault found by special question. Source: S.D. Codified Laws § 20-9-2 |
| Deadline to sue for an injury | Three years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline. |
More South Dakota personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in South Dakota
- Wrongful Death Lawsuits in South Dakota
- Medical Malpractice Rules in South Dakota
- Car Accident Claims in South Dakota
- Dog Bite Liability in South Dakota
- Slip, Trip and Fall Injuries in South Dakota
- Sidewalk and Public Property Falls in South Dakota
- Motorcycle Accident Claims in South Dakota
- Pedestrian Accident Claims in South Dakota
- Bicycle Accident Claims in South Dakota
- Uber and Lyft Accident Claims in South Dakota
- Truck Accident Claims in South Dakota
- All South Dakota personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in South Dakota?
Injured construction workers' claims against their own employer go through workers' compensation, which excludes all other rights and remedies against the employer and its employees, partners, officers and directors, except claims arising from an intentional tort. If someone other than the employer is legally liable (such as another contractor or an equipment maker), the worker may claim compensation, sue that person, or proceed against both; damages recovered from the third party offset the workers' comp benefits.
Can you recover damages if you were partly at fault in South Dakota?
South Dakota uses a "slight negligence" comparison rather than a percentage bar. An injured person's contributory negligence does not bar recovery if it was slight in comparison with the defendant's negligence; damages are then reduced in proportion to the injured person's negligence. If the injured person's negligence was more than slight in comparison, recovery is barred. The jury decides this without being told any percentage of fault found by special question.
What is the statute of limitations for personal injury in South Dakota?
Three years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.