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South Dakota

Negligence Doctrine: Pure Comparative Negligence

Circuit # 8

Med Pay Subrogation - Yes

PIP Subrogation - Yes

Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 6 years
Personal Property 6 years
Personal Injury 3 years
Medical Malpractice 2 years
Warranty 4 years


Sue Owner for Negligence - NO

Suspend Owner's License - NO

Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists; Insurer can collect even if insured has not been made-whole


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Post-judgment wage attachment is specifically authorized; 20% of disposable earnings but only for a 60-day period and this 60-day period can be renewed regularly; The earnings of the debtor that are immediately necessary for the support of the debtor and his family are exempt from attachment. Examples include money needed for rent, food, medical expenses and clothing; Aid, such as welfare, social security, and child support are exempt from attachment

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $1,500 of actual damages, plus costs
Liability imposed when child willfully or maliciously causes damage, except when child’s conduct occurred through the operation of a motor vehicle

Subrogation by Landlord's Carrier against Tenant

No, unless lease clearly allows subrogation

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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