South Dakota

STATUTE OF LIMITATIONS
Personal Property: 6 Years ( 3 for Product Liability)
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

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