South Dakota · Workplace injury · Updated
Workplace injury cases in South Dakota: the rules and the lawyers
The deadline to file, the fault rule and the other South Dakota rules that matter for a workplace injury case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in South Dakota that take workplace injury cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
3 years
In South Dakota, most injury lawsuits must be filed in court within three years1.
If you were partly at fault
Slight/gross comparative negligence
In South Dakota, your own carelessness bars recovery unless it was slight compared with the other side’s. If it was slight, what you get is cut by your share2.
Firms we list
0 firms
None yet for workplace injury cases.
Know this first
Step 1: Three years to file in court
3 years(2 for medical mistakes)
In South Dakota, most injury lawsuits must be filed in court within three years1. The law says the clock starts when the claim arises. To be safe, count from the day you were hurt.
Some claims have other periods. The list of South Dakota deadlines below gives the exceptions with the statute text.
The law, as written
Statute of limitations — personal injury3 years
In South Dakota, an action for personal injury must be commenced within three years1, unless a more specific limitations statute applies. The three years run from accrual of the cause of action1.
More detail
Some secondary sources cite this rule as “SDCL 15-2-14.3”; the official text places personal injury in subdivision (3) of § 15-2-14, so “15-2-14.3” is a citation error.
If a public body was involved
Step 2: Claims against the state or a city: notice within 180 days
If a public body or one of its workers caused your injury, a short step comes first. You must give it written notice within 180 days after the injury. If you don’t, the lawsuit can’t go ahead3.
- What the notice saysWhen and where you were hurt, and what caused it3.
- Who gets itThe law names who gets it. For a city, the mayor or city finance officer. For a county, the county auditor. For a school district, the superintendent. For the State, the attorney general and the commissioner of human resources and administration4. For other public bodies, the chief executive officer or the secretary of the governing board4.
Find out early
If a road, a city vehicle, a school or any public body was part of what happened, ask a lawyer about the notice right away. 180 days can pass quickly while you are recovering.
The law, as written
Claims against public entities — notice of injuryWritten notice within 180 days
In South Dakota, no action for personal injury, property damage, error or omission, or death caused by a public entity or its employees may be maintained unless written notice of the time, place and cause of the injury is given within 180 days after the injury3. The notice goes to the officials the statute names for each kind of public entity4.
More detail
South Dakota's notice statute itself states: “Nothing in this chapter tolls or extends any applicable limitation on the time for commencing an action”3.
Recent change: § 3-21-2 was amended by SL 2007, ch 23, § 1, and § 3-21-6 was repealed by § 2 of the same act. Opinions decided before 2007 may describe the older scheme5.
Different from most states
Step 3: If you were partly at fault
South Dakota doesn’t use a percentage cut-off. Your own carelessness shuts you out unless it was “slight in comparison with the negligence of the defendant”2. If it was slight, your damages (the money for your harm) are cut by your share2.
The jury decides whether your share was slight. It does this without being told a percentage for your fault2.
- Damages the court finds
- $100,000
- Your carelessness is found slight, and your share is 10%
- You recover $90,000
- Your carelessness is found more than slight
- You recover nothing
These numbers only show how the rule works. They are not typical amounts. The law doesn’t set a percentage that counts as slight2.
If you sue more than one person, how your share is compared is a question for a lawyer.
Because a small share of the blame can matter a lot here, don’t guess about fault or agree to a version of events when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
The law, as written
Fault modelSlight/gross comparative negligence
In South Dakota, contributory negligence does not bar recovery when the plaintiff's negligence was slight in comparison with the negligence of the defendant, but damages are reduced in proportion to the plaintiff's contributory negligence2.
More detail
Under South Dakota's statute, the jury decides whether the plaintiff's negligence was slight in comparison without any percentage of the plaintiff's fault being disclosed by special interrogatory2.
The current § 20-9-2 (last amended SL 1998, ch 125) compares the plaintiff's negligence with “the negligence of the defendant” and contains no wording about the collective negligence of all defendants; its special-interrogatory sentence opens “Notwithstanding Woods vs. City of Crooks”2.
If they are a minor
Step 4: If the injured person is a child
The time while the injured person is a minor doesn’t count. But the deadline can’t be pushed more than one year past the day they become an adult6.
A pause also applies to someone who was mentally ill when the claim arose. For them it can’t add more than five years6.
A special rule for children’s medical claims was repealed in 20087. Whether the pause now covers those claims is not settled.
The law, as written
Minors' tollingTolled; ends 1 year after majority at latest
In South Dakota, the period of a minor's disability is not counted toward the limitations period, but the period may not be extended more than one year after the disability ceases6. The same section limits extensions for disabilities other than infancy to five years6.
More detail
Medical malpractice claims of minors: the former special rule, § 15-2-22.1, was repealed by SL 2008, ch 103, § 17.
Next
Step 5: What to do with this
- Write down the datesThe day you were hurt, the day of any medical care, and anything a public body, insurance company or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in South Dakota, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, does a notice need to go to a public body, and by when?
More South Dakota rules
This page keeps to the rules that matter most for a workplace injury case. The South Dakota page has all of them.
Injured in South Dakota: all deadlines and rules
Other case types in South Dakota:
After a workplace injury: the general guide
What to do after an injury on the job: get care, tell your employer in writing, and learn how workers’ compensation works and when a separate injury claim against someone else may exist.
How to check a lawyer’s license in South Dakota
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take workplace injury cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- SDCL § 15-2-14“Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued: ... (3) An action for personal injury.”Read the source: SDCL § 15-2-14
- SDCL § 20-9-2“In all actions brought to recover damages for injuries to a person or to that person's property caused by the negligence of another, the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff's contributory negligence. Notwithstanding Woods vs. City of Crooks, 559 N.W.2d 558 (SD 1997), the determination of whether the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant shall be made without disclosing any determination of percentage of plaintiff's fault by special interrogatory. (Source: ... SL 1998, ch 125, § 1.)”Read the source: SDCL § 20-9-2
- SDCL § 3-21-2“No action for the recovery of damages for personal injury, property damage, error, or omission or death caused by a public entity or its employees may be maintained against the public entity or its employees unless written notice of the time, place, and cause of the injury is given to the public entity as provided by this chapter within one hundred eighty days after the injury. Nothing in this chapter tolls or extends any applicable limitation on the time for commencing an action.”Read the source: SDCL § 3-21-2
- SDCL § 3-21-3“Notice shall be given to the following officers as applicable: (1) In the case of the State of South Dakota, to the attorney general and the commissioner of human resources and administration; (2) In the case of a county, to the county auditor; (3) In the case of a municipality, to the mayor or city finance officer; (4) In the case of a school district, to the superintendent of schools; (5) In the case of other public entities, to the chief executive officer or secretary of the governing board.”Read the source: SDCL § 3-21-3
- SDCL ch. 3-21Read the source: SDCL ch. 3-21
- SDCL § 15-2-22“If a person entitled to bring an action other than for the recovery of real property ... was at the time the cause of action accrued, either: (1) Within the age of minority as defined in chapter 26-1; or (2) Mentally ill; the time of the person's disability is not a part of the time limited for the commencement of the action. The period within which the action shall be brought cannot be extended more than five years by any disability except infancy, nor can it be extended in any case longer than one year after the disability ceases.”Read the source: SDCL § 15-2-22
- SDCL § 15-2-22.1 (repealed)“Repealed by SL 2008, ch 103, § 1.”Read the source: SDCL § 15-2-22.1 (repealed)
- SDCL § 21-5-3“Every action for wrongful death shall be commenced within three years after the death of such deceased person.”Read the source: SDCL § 21-5-3
- Peterson ex rel. Peterson v. Burns, 2001 S.D. 126, 635 N.W.2d 556
- Burgard v. Benedictine Living Cmtys., 2004 S.D. 58, 680 N.W.2d 296
- Crabb v. Wade (S.D. 1969)
- Wood v. City of Crooks, 1997 S.D. 20, 559 N.W.2d 558
- SDCL § 15-2-14.1“An action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake, or failure to cure, whether based upon contract or tort, can be commenced only within two years after the alleged malpractice, error, mistake, or failure to cure shall have occurred ...”Read the source: SDCL § 15-2-14.1
- SDCL § 32-35-113“Every driver or owner of a motor vehicle shall at all times maintain in force one of the forms of financial responsibility on the motor vehicle by one of the following methods: (1) Having in force on the motor vehicle an owner's policy of liability insurance as provided in § 32-35-70; … Failure to maintain financial responsibility is a Class 2 misdemeanor.”Read the source: SDCL § 32-35-113
- SDCL § 32-35-70“An owner's policy of liability insurance referred to in § 32-35-68 shall insure the person named therein and any other person as insured, using any insured vehicle or vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the vehicle or vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interests and costs, with respect to each insured vehicle, as follows: twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty-five thousand dollars because of injury to or destruction of property of others in any one accident. …”Read the source: SDCL § 32-35-70
- SDCL § 58-11-9“No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle may be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state, except for snowmobiles, unless coverage is provided therein or supplemental thereto in limits for bodily injury or death equal to the coverage provided by such policy for bodily injury and death, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom. However, the coverage required by this section may not exceed the limits of one hundred thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, unless additional coverage is requested by the insured. Any policy insuring government owned vehicles may not be required to provide uninsured motorist coverage.”Read the source: SDCL § 58-11-9
- SDCL § 58-11-9.4“No motor vehicle liability policy of insurance may be issued or delivered in this state with respect to any motor vehicle registered or principally garaged in this state, except for snowmobiles, unless underinsured motorist coverage is provided therein at a face amount equal to the bodily injury limits of the policy. However, the coverage required by this section may not exceed the limits of one hundred thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, unless additional coverage is requested by the insured. Any policy insuring government owned vehicles may not be required to provide underinsured motorist coverage.”Read the source: SDCL § 58-11-9.4
- SDCL § 58-11-9.5“Subject to the terms and conditions of such underinsured motorist coverage, the insurance company agrees to pay its own insured for uncompensated damages as its insured may recover on account of bodily injury or death arising out of an automobile accident because the judgment recovered against the owner of the other vehicle exceeds the policy limits thereon. Coverage shall be limited to the underinsured motorist coverage limits on the vehicle of the party recovering less the amount paid by the liability insurer of the party recovered against.”Read the source: SDCL § 58-11-9.5
- SDCL § 32-34-3“The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall immediately stop and give his name and address, and the name and address of the owner and the license number of the vehicle he is driving to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical treatment if it is apparent that such treatment is necessary or is requested by the injured person.”Read the source: SDCL § 32-34-3
- SDCL § 32-34-6“Any driver of any vehicle involved in an accident resulting in damage to property shall stop his vehicle at the scene of the accident and immediately give his name and address, and the name and address of the owner of the vehicle. If the damage is to another motor vehicle and the owner of the damaged vehicle is not at the scene of the accident, the driver shall immediately leave such information on the other motor vehicle. If the damage is to property other than a motor vehicle, and the owner of the damaged property is not at the scene, the driver shall leave such information with the owner of the property or with a law enforcement agency as soon as possible. A violation of this section is a Class 1 misdemeanor.”Read the source: SDCL § 32-34-6
- SDCL § 32-34-7“The driver of any motor vehicle involved in an accident resulting in bodily injuries or death to any person or property damage to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars per accident shall immediately, by the quickest means of communication, give notice of the accident to the nearest available law enforcement officer who has jurisdiction. A violation of this section is a Class 2 misdemeanor.”Read the source: SDCL § 32-34-7
This is general information, not legal advice.