Slip, Trip and Fall Injuries in South Dakota
When a store, landlord or property owner in South Dakota is responsible for a fall, falls on ice and snow, how fault is shared, and the deadline to sue.
Short answer: Trespassers: by statute, a person with a possessory interest in land (owner, lessee or occupant) owes no duty of care to a trespasser and is not liable for a trespasser's injuries, except: intentional injury (including entrapment) that is not legally justified; SDCL 20-9-11.2, 20-9-11.3, 20-9-11.4, 20-9-11.5, 20-9-11.6
| Slip and fall: property owner's duty | Trespassers: by statute, a person with a possessory interest in land (owner, lessee or occupant) owes no duty of care to a trespasser and is not liable for a trespasser's injuries, except: intentional injury (including entrapment) that is not legally justified; injury to a child 13 or younger from a dangerous artificial condition when the listed conditions are met; harm where trespassers consistently intrude on a limited area and the possessor fails to use reasonable care in dangerous activities or to warn of a hidden deadly artificial condition; and similar harm to a known trespasser. The duties owed to invited guests and other lawful visitors come from court decisions, which were not reviewed here. |
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| 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 |
| 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 |
| 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
- 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
- Construction Site Injuries in South Dakota
- All South Dakota personal injury & wrongful death rules
FAQ
Who is responsible if you slip and fall on someone's property in South Dakota?
Trespassers: by statute, a person with a possessory interest in land (owner, lessee or occupant) owes no duty of care to a trespasser and is not liable for a trespasser's injuries, except: intentional injury (including entrapment) that is not legally justified; injury to a child 13 or younger from a dangerous artificial condition when the listed conditions are met; harm where trespassers consistently intrude on a limited area and the possessor fails to use reasonable care in dangerous activities or to warn of a hidden deadly artificial condition; and similar harm to a known trespasser. The duties owed to invited guests and other lawful visitors come from court decisions, which were not reviewed here.
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.
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.