1 jurisdiction · Slight-gross

Slight-Gross Comparative Negligence (South Dakota)

South Dakota is the one state that follow slight-gross comparative negligence. The claimant recovers only if their fault is "slight" and the defendant's is "gross." This is a qualitative determination by the jury, not a fixed percentage bar.

Updated 2026-05-22 · See all 50 states

Key facts

Rule type: Slight-gross
Jurisdictions in this group: 1
States: South Dakota
How recovery works: Claimant recovers only if their fault is "slight" and the defendant’s fault is "gross." South Dakota only. The claimant recovers only if their fault is "slight" and the defendant's is "gross." This is a qualitative determination by the jury, not a fixed percentage bar.
Last verified: 2026-05-22 (each state row cites the primary source)

South Dakota is the only U.S. jurisdiction with a slight-gross comparative negligence rule. Under S.D. Codified Laws § 20-9-2, the claimant recovers only if their fault is 'slight' in comparison to the defendant's, with damages reduced proportionally. The determination is qualitative rather than expressed as a fixed percentage bar, which makes outcomes more dependent on the jury's characterization of each party's conduct than in other comparative-fault states.

The 1 slight-gross comparative negligence jurisdiction

State	Max fault to recover	Statute / case	Details
South Dakota	Special rule	S.D. Codified Laws § 20-9-2	Details →

Informational only and not legal advice. Some states apply different rules to specific categories (medical negligence in Florida, for example). Confirm the controlling rule with a licensed attorney.

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Slight-Gross Comparative Negligence FAQ

Which states use slight-gross comparative negligence?

1 US jurisdiction follows slight-gross comparative negligence: South Dakota. Each state's rule is set by either statute or controlling court decision; see the table below for the citation in each state.

How does slight-gross comparative negligence work?

Claimant recovers only if their fault is "slight" and the defendant’s fault is "gross." South Dakota only. The claimant recovers only if their fault is "slight" and the defendant's is "gross." This is a qualitative determination by the jury, not a fixed percentage bar.

How does slight-gross comparative negligence affect settlement value?

In South Dakota's slight-gross system the question is qualitative ("slight" vs "gross"), which creates more jury uncertainty and tends to widen the settlement bargaining range.