Damages Allocation in South Dakota
2 min read
Published July 14, 2026 • By DocketMath Team
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Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.
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South Dakota damages-allocation: limitation period is see statute.
Run the allocationAuthority and key facts
- Limitation Period: see statute
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.
Damages Allocation in South Dakota
In South Dakota, the allocation of damages in cases involving multiple tortfeasors is governed by the rule of joint and several liability as modified by SDCL § 20-9-2. That statute apportions fault among all parties, including the plaintiff, and limits each defendant’s liability to their respective percentage of fault unless certain exceptions apply. The law replaces the common law rule of full joint liability with a system that requires the factfinder to assign a specific fault percentage to each person or entity whose negligence contributed to the injury. The exact criteria and exceptions for when joint liability still attaches are set out in the statute. The official source at the link above contains the full text, and the calculator below can estimate damages based on the user’s own fault allocation.
Governing authority
In South Dakota, the damages allocation rule is set by SDCL § 20-9-2. The verified packet cites SDCL § 20-9-2 (https://sdlegislature.gov/Statutes/20-9-2).
South Dakota damages allocation: governed by SDCL § 20-9-2. The verified packet cites SDCL § 20-9-2 (https://sdlegislature.gov/Statutes/20-9-2).
Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.