Dog Laws In South Dakota
South Dakota does not have a Dog Bite Statute. To recover damages for a dog bite injury, the injured person must prove that the dog owner knew or had reason to know that the dog had vicious propensities and that the owner was negligent in failing to prevent the injury.
In South Dakota, a “vicious dog” is defined as:
- A dog which, when unprovoked, in a vicious or terrorizing manner approaches in an apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a person in public;
- any dog which on private property when unprovoked in a vicious or terrifying manner approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, delivery man, or other employed person who is on the owner’s property with permission.
- a dog cannot be declared vicious if an injury is sustained while a person was committing a trespass or other tort on the owner’s premises, or if the injured person was teasing, tormenting, abusing, or assaulting the dog, or committing or attempting to commit a crime at the time of the injury.
Damages that can be recovered depend upon the nature and extent of injury, medical expenses, future medical expenses, lost wages, loss of earnings capacity, periods of total and/or partial disability, physical pain and mental suffering, disfiguring scarring, permanency of injury, and loss of consortium.
STATUTE OF LIMITATION:
In South Dakota, the statute of limitations is 3 years from the date of injury. This means you must file a lawsuit against the owner/keeper of the dog within that time, or you will be forever time barred from pursuing a case.
Blaha v. Stuard, 2002 SD 19
Injured By A Dog?
The information provided on this website is for general informational purposes only. The information on this site is not legal advice, and no attorney-client relationship is formed through the use of this website. Laws relating to dog injuries can, and do, change. To learn your legal rights, contact The Snow Law Firm, or contact a licensed and experienced attorney in your state.
MINOR STATUTE OF LIMITATION RULE:
In most states, when a minor is bitten or injured by a dog, the statute of limitation period does not begin to run until the minor reaches the age of 18. Thus, for example, if an 11-year-old child is bitten or injured by a dog in a state that has a 3 year statute of limitation period within which to file a lawsuit, they will have three years from the date they turn 18 years of age, and would thus have to file a lawsuit before they turn 21 years of age. In most instances, however, it is recommended that a parent or guardian bring a claim for a dog bite or injury claim on behalf of a minor child before waiting for the injured child to turn 18.
RECOVERABLE DAMAGES IN GENERAL:
Some states limit the type of damages that a person bitten or injured by a dog can recover. In most states, however, a person who is bitten or injured by a dog can recover damages that include medical expenses, future medical expenses, lost wages, loss of earnings capacity, physical pain and mental suffering, scarring, permanency of injury, periods of total and/or partial disability and loss of spousal consortium.