Sidewalk and Public Property Falls in South Dakota
Who is responsible for a fall on a broken sidewalk in South Dakota, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: A property owner who fails to keep the sidewalk abutting or adjoining the property in repair creates or maintains a public nuisance, is liable to the city (municipality) for any damage or injury caused by that neglect, and is responsible for the costs of abating the nuisance. SDCL 9-46-2, 9-46-4, 3-21-2
| Sidewalk falls: who is responsible | A property owner who fails to keep the sidewalk abutting or adjoining the property in repair creates or maintains a public nuisance, is liable to the city (municipality) for any damage or injury caused by that neglect, and is responsible for the costs of abating the nuisance. Cities may also build or repair sidewalks when an adjoining owner fails to. Any claim against the city itself requires written notice within 180 days (see local government notice). Source: SDCL 9-46-2, 9-46-4, 3-21-2 |
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| Claims against a city or county | No lawsuit for personal injury, property damage or death caused by a public entity (the State, a county, city, school district or other public entity) or its employees may be maintained unless written notice of the time, place and cause of the injury is given within 180 days after the injury. For a city, notice goes to the mayor or city finance officer; for a county, to the county auditor; for a school district, to the superintendent; for other public entities, to the chief executive officer or secretary of the governing board. A court may allow late notice for a minor or incapacitated person if applied for within two years. The notice requirement does not extend the time to sue. Source: SDCL 3-21-2, 3-21-3, 3-21-4 |
| Suing the government | No lawsuit for personal injury, property damage or death caused by a public entity or its employees may proceed unless written notice of the time, place and cause of the injury is given within 180 days after the injury. Notice goes to the attorney general and the commissioner of human resources and administration for the state, the county auditor for a county, the mayor or city finance officer for a city, the superintendent for a school district, or the chief executive officer or secretary of the governing board for other entities. The notice does not extend the deadline for filing suit. Punitive damages may not be recovered through the state's public entity liability pool. |
| 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
- 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
- Construction Site Injuries in South Dakota
- All South Dakota personal injury & wrongful death rules
FAQ
Who is liable if you trip and fall on a sidewalk in South Dakota?
A property owner who fails to keep the sidewalk abutting or adjoining the property in repair creates or maintains a public nuisance, is liable to the city (municipality) for any damage or injury caused by that neglect, and is responsible for the costs of abating the nuisance. Cities may also build or repair sidewalks when an adjoining owner fails to. Any claim against the city itself requires written notice within 180 days (see local government notice).
How long do you have to file a claim against a city or county in South Dakota?
No lawsuit for personal injury, property damage or death caused by a public entity (the State, a county, city, school district or other public entity) or its employees may be maintained unless written notice of the time, place and cause of the injury is given within 180 days after the injury. For a city, notice goes to the mayor or city finance officer; for a county, to the county auditor; for a school district, to the superintendent; for other public entities, to the chief executive officer or secretary of the governing board. A court may allow late notice for a minor or incapacitated person if applied for within two years. The notice requirement does not extend the time to sue.
How do you file an injury claim against the government in South Dakota?
No lawsuit for personal injury, property damage or death caused by a public entity or its employees may proceed unless written notice of the time, place and cause of the injury is given within 180 days after the injury. Notice goes to the attorney general and the commissioner of human resources and administration for the state, the county auditor for a county, the mayor or city finance officer for a city, the superintendent for a school district, or the chief executive officer or secretary of the governing board for other entities. The notice does not extend the deadline for filing suit. Punitive damages may not be recovered through the state's public entity liability pool.
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.