South Dakota Statutes

§ 25-5-15 — Parental liability for willful acts of child--Limitation of recovery--Motor vehicle cases excepted--Specific findings in disputed cases.

South Dakota § 25-5-15
JurisdictionSouth Dakota
Title 25DOMESTIC RELATIONS
Ch. 25-4BPARENT AND CHILD

This text of South Dakota § 25-5-15 (Parental liability for willful acts of child--Limitation of recovery--Motor vehicle cases excepted--Specific findings in disputed cases.) 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 § 25-5-15 (2026).

Text

Any person, firm, association, private or public corporation, including the State of South Dakota and its political subdivisions, suffering damages to real, personal, or mixed property, or personal injury, through any malicious and willful act of a minor child under the age of eighteen years while residing with the child's parents, has a cause of action against and may recover from the parents of such child. In each case the amount of recovery against one or both of the parents is limited to actual damages of two thousand five hundred dollars and the taxable court costs, and does not apply to damages proximately caused through the operation of a motor vehicle by the minor child. If the issue is disputed, any determination that a parent is not responsible for the full amount of actual damag

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Related

State Auto Insurance Companies v. B.N.C.
2005 SD 89 (South Dakota Supreme Court, 2005)
25 case citations
Dan Nelson, Automotive, Inc. v. Viken
2005 SD 109 (South Dakota Supreme Court, 2005)
20 case citations
Englund v. Vital
2013 SD 71 (South Dakota Supreme Court, 2013)
12 case citations
Brunner v. Hutchinson Division, Lear-Siegler, Inc.
770 F. Supp. 517 (D. South Dakota, 1991)
6 case citations
Koenig v. London
968 N.W.2d 646 (South Dakota Supreme Court, 2021)
5 case citations
Nelson v. Viken
2005 SD 109 (South Dakota Supreme Court, 2005)
1 case citations
Interest of J.W.
2025 S.D. 38 (South Dakota Supreme Court, 2025)

Legislative History

SL 1957, ch 41; SDC Supp 1960, § 14.0309-1; SL 1979, ch 166; SL 1980, ch 188; SL 1993, ch 194; SL 2010, ch 136, § 1.

Nearby Sections

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Bluebook (online)
South Dakota § 25-5-15, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/25-5-15.