South Dakota § 20-9-10.1 State of the art defense in product liability actions.

South Dakota Statutes

§ 20-9-10.1 — State of the art defense in product liability actions.

South Dakota § 20-9-10.1

Title 20PERSONAL RIGHTS AND OBLIGATIONS

Ch. 20-8LIABILITY FOR TORTS

This text of South Dakota § 20-9-10.1 (State of the art defense in product liability actions.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 20-9-10.1 (2026).

Text

In any product liability action based upon negligence or strict liability, whether the design, manufacture, inspection, testing, packaging, warning, or labeling was in conformity with the generally recognized and prevailing state of the art existing at the time the specific product involved was first sold to any person not engaged in the business of selling such a product, may be considered in determining the standard of care, whether the standard of care was breached or whether the product was in a defective condition or unreasonably dangerous to the user.

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In any product liability action based upon negligence or strict liability, whether the design, manufacture, inspection, testing, packaging, warning, or labeling was in conformity with the generally recognized and prevailing state of the art existing at the time the specific product involved was first sold to any person not engaged in the business of selling such a product, may be considered in determining the standard of care, whether the standard of care was breached or whether the product was in a defective condition or unreasonably dangerous to the user.