South Dakota Statutes

§ 20-9-10 — Product's manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications.

South Dakota·Title 20 PERSONAL RIGHTS AND OBLIGATIONS·Ch. 20-8 LIABILITY FOR TORTS

No manufacturer, assembler, or seller of a product may be held liable for damages for personal injury, death, or property damage sustained by reason of the doctrine of strict liability in tort based on a defect in a product, or failure to warn or protect against a danger or hazard in the use or misuse of such a product, or failure to properly instruct in the use or misuse of such product, where a proximate cause of the injury, death, or damage was an alteration or modification of such product made under all of the following circumstances:

(1)The alteration or modification was made subsequent to the manufacture, assembly, or sale of the product;
(2)The alteration or modification altered or modified the purpose, use, function, design, or manner of use of the product from that origina

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South Dakota § 20-9-10 (Product's manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Burley v. Kytec Innovative Sports Equipment, Inc.
2007 SD 82 (South Dakota Supreme Court, 2007)
56 case citations
Peterson v. Safway Steel Scaffolds Co. of South Dakota
400 N.W.2d 909 (South Dakota Supreme Court, 1987)
44 case citations
Crandell v. Larkin and Jones Appliance Co.
334 N.W.2d 31 (South Dakota Supreme Court, 1983)
30 case citations
Robinson v. Brandtjen & Kluge, Inc.
500 F.3d 691 (Eighth Circuit, 2007)
8 case citations
O'Neal v. Remington Arms Co.
817 F.3d 1055 (Eighth Circuit, 2015)
6 case citations
O'Neal Ex Rel. Estate of O'Neal v. Remington Arms Co.
803 F.3d 974 (Eighth Circuit, 2015)
3 case citations

Legislative History

SL 1979, ch 155, § 1.

Nearby Sections

15
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