South Dakota Statutes
§ 20-9-2 — Comparative negligence--Reduction of damages.
South Dakota § 20-9-2
This text of South Dakota § 20-9-2 (Comparative negligence--Reduction of damages.) 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 § 20-9-2 (2026).
Text
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. Notwithstanding Woods vs. City of Crooks, 559 N.W.2d 558 (SD 1997), the determination of whether the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant shall be made without disclosing any determination of percentage of plaintiff's fault by special interrogatory.
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Legislative History
SL 1941, ch 160; SDC Supp 1960, § 47.0304-1; SL 1964, ch 149; SL 1998, ch 125, § 1.
Nearby Sections
15
§ 20-1-1
Obligation defined.§ 20-1-2
Origin of obligations.§ 20-10-2
Acts constituting deceit.§ 20-10A-1
Definition of terms.§ 20-10A-2
Cause of action for damages.§ 20-10A-3
Liability for damages.§ 20-10A-4
Limitation on actions for damages.§ 20-11-2
Classes of defamation.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 20-9-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/20-9-2.