South Dakota · Comparative Negligence

South Dakota Comparative Negligence Rule

South Dakota follows a slight-gross rule under S.D. Codified Laws § 20-9-2. South Dakota applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Updated 2026-05-22 · See all 50 states

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Key facts: South Dakota

Rule type: Slight-gross
Max fault to recover: Special
How recovery works: South Dakota applies a special rule that does not fit the standard percentage cutoff. See the notes below.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for South Dakota

Unique slight-gross comparative regime: the plaintiff recovers only if contributory negligence is "slight" in comparison with the defendant’s negligence; damages are then reduced proportionally. A qualitative determination by the jury rather than a fixed percentage bar.

Related: South Dakota statute of limitations

South Dakota gives you 3 years to file a personal injury lawsuit under S.D. Codified Laws § 15-2-14.

See the full South Dakota statute of limitations →

Related: car accident settlements by state

Fault rules like this one change what the same crash pays from state to state. Compare average car accident settlements, fault rules, and filing deadlines side by side.

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This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed South Dakota attorney before relying on it.

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South Dakota Comparative Negligence FAQ

What comparative negligence rule does South Dakota follow?

South Dakota follows a slight-gross rule under S.D. Codified Laws § 20-9-2. Claimant recovers only if their fault is "slight" and the defendant’s fault is "gross." South Dakota only. South Dakota applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Can I still recover if I was partly at fault for the accident in South Dakota?

Yes, up to a point. In South Dakota you can recover when your share of fault is null% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in South Dakota?

Insurance adjusters argue percentage of fault to reduce what they pay. Because South Dakota bars recovery once fault exceeds null%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in South Dakota?

South Dakota gives you 3 years to file a personal injury lawsuit under S.D. Codified Laws § 15-2-14.

Where can I read the actual rule?

The controlling authority is S.D. Codified Laws § 20-9-2. The full text is linked in the Key Facts section above.

See comparative negligence rules for all 51 covered states