South Dakota Statutes

§ 20-9-9 — Product's dealers and sellers immune from strict liability except for manufacturers or those who knew of defect--Other causes of action against seller not limited.

South Dakota § 20-9-9
JurisdictionSouth Dakota
Title 20PERSONAL RIGHTS AND OBLIGATIONS
Ch. 20-8LIABILITY FOR TORTS

This text of South Dakota § 20-9-9 (Product's dealers and sellers immune from strict liability except for manufacturers or those who knew of defect--Other causes of action against seller not limited.) 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 § 20-9-9 (2026).

Text

No cause of action based on the doctrine of strict liability in tort may be asserted or maintained against any distributor, wholesaler, dealer, or retail seller of a product which is alleged to contain or possess a latent defective condition unreasonably dangerous to the buyer, user, or consumer unless said distributor, wholesaler, dealer, or retail seller is also the manufacturer or assembler of said product or the maker of a component part of the final product, or unless said dealer, wholesaler, or retail seller knew, or, in the exercise of ordinary care, should have known, of the defective condition of the final product. Nothing in this section shall be construed to limit any other cause of action from being brought against any seller of a product.

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Related

Peterson v. Safway Steel Scaffolds Co. of South Dakota
400 N.W.2d 909 (South Dakota Supreme Court, 1987)
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Karst v. Shur-Co.
2016 SD 35 (South Dakota Supreme Court, 2016)
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Wynia v. Richard-Ewing Equipment Co.
17 F.3d 1084 (Eighth Circuit, 1994)
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Bruce Lindholm v. BMW of North America, LLC
862 F.3d 648 (Eighth Circuit, 2017)
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Wangsness v. Builders Cashway, Inc.
2010 SD 14 (South Dakota Supreme Court, 2010)
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Lindholm v. BMW of North America, LLC
202 F. Supp. 3d 1082 (D. South Dakota, 2016)
6 case citations

Legislative History

SL 1979, ch 155, § 2.

Nearby Sections

15
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Bluebook (online)
South Dakota § 20-9-9, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/20-9-9.