South Dakota Comparative Negligence Laws

Comparative negligence rules decide what happens when the injured person was partly to blame. In South Dakota, that question is answered by slight/gross negligence comparison.

At a glance

Example: $100,000 in damages

Here is how the South Dakota rule would generally apply if a jury found $100,000 in total damages:

Real cases are more complicated: there may be several defendants, insurance limits, or special rules for certain claims.

The five fault systems in the U.S.

• Contributory negligence: any fault by the injured person bars recovery. Only a few jurisdictions still use it.
• Pure comparative negligence: recovery is reduced by your share of fault, at any percentage.
• Modified comparative negligence, 50% bar: you recover only if you were less than 50% at fault.
• Modified comparative negligence, 51% bar: you recover only if you were not more at fault than the other side.
• Slight/gross comparison: used in South Dakota; you recover only if your negligence was slight in comparison.

What this means for your claim

Insurance adjusters often argue that the injured person shares the blame, because every percentage point lowers the payout. Photos, witness names, police reports and medical records help push back; the car accident checklist shows what to collect at the scene. Deadlines matter too: see the South Dakota personal injury statute of limitations. If fault is disputed, a personal injury lawyer can evaluate the evidence before you give a recorded statement.

Sources

1. Matthiesen, Wickert & Lehrer: Contributory negligence and comparative fault laws in all 50 states
2. Cornell Law School LII: Comparative negligence