South Dakota

STATUTE OF LIMITATIONS

Personal Property: 6 Years

Personal Injury: 3 Years

Medical Malpractice: 2 Years

Breach of Contract (Written): 6/20 Years

Breach of Contract (Oral): 6 Years

Statute of Repose (Real Property): 10 Years

Statute of Repose (Products): N/A

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Notice required within 180 days

PIP/MED PAY SUBROGATION

PIP: YES
MED PAY: YES

CONTRIBUTORY NEGLIGENCE

Slight/Gross Comparative
Plaintiff  will be barred from recovery for anything other than slight negligence

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: $1,500.00 plus costs

Liable when child under 18 willfully or maliciously causes damage except when damage is caused through the operation of a motor vehicle

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Pure joint and several liability
-If defendants are less than 50% at fault, damages are capped at twice their liability share

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Applies but can be modified by contract/policy language

DEDUCTIBLE REIMBURSEMENT

No applicable statute

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.