How Damages Allocation rules vary in South Dakota
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Published September 21, 2025 • Updated May 16, 2026 • By DocketMath Team
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US-SD comparative fault rule
The controlling primary authority for US-SD damages allocation authority (SDCL § 20-9-2) is 20-9-2.
20-9-2. 20-9-2. Comparative negligence--Reduction of damages. 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. Notwi
Source-backed allocation summary
US-SD damages allocation controlling authority under SDCL § 20-9-2.
This source-backed page does not certify limitation periods, damages caps, case-law exceptions, or calculator formula assumptions beyond the quoted statutory allocation rule.
Use the calculator
DocketMath's damages-allocation tool can model allocation scenarios once you identify the controlling jurisdiction, claim posture, and negligence shares. Use the source panel for the verified primary-source rule.
Open the Damages Allocation calculator
Sources
All sources are official primary law published by sdlegislature.gov.
Corroboration method: government_primary_source_direct_fetch.