South Dakota’s Comparative Negligence Rule
South Dakota is one of the many states that have adopted a comparative negligence rule, making it easier for an injured party to be compensated for their losses, even if they have some responsibility for an accident. This article will explore South Dakota’s comparative negligence rule and how it works to determine an injured person’s potential liability and legal rights.
Definition of Comparative Negligence
Comparative negligence is an equitable legal doctrine that attempts to remedy the complexities associated with determining liability for damages and injuries in an accident involving multiple parties. Rather than assigning liability to only one party, comparative negligence assigns responsibility based on the relative degree of fault of all parties involved. The doctrine is also known as a “modified comparative negligence” but is essentially the same principle compiled differently depending on the state’s legal statutes.
South Dakota’s Comparative Negligence Rule
South Dakota is a modified comparative negligence state, meaning that an injured party can still be compensated for an accident even if they are found to be partly at fault for the injury. According to South Dakota’s legal statutes for comparison negligence, an injured person must still be less than 50 percent at fault for the accident to be eligible for damages. This means that if an injured party is found to be more than 50 percent responsible for their own injuries, then they are barred from collecting any damages.
How Comparative Negligence Works
In South Dakota, if an injured party is found to be at least partially at fault for an accident, the amount of damages they are entitled to collect may be reduced. The degree of fault of each party is compared to each other, and the amount of damages is reduced based on the degree of fault. For example, if an injured person is found to be 25 percent responsible for an accident, then their total damages would be reduced by 25 percent. The amount of damages will also depend on the extent of their losses, such as medical bills, lost wages, property damage, and pain and suffering.
Limitations of South Dakota’s Comparative Negligence Rule
One limitation of South Dakota’s comparative negligence rule is that it does not allow for more than 50 percent fault on the part of the injured party. This means that if an injured party is found to be 51 percent or more responsible for an accident, then they are barred from collecting damages. The doctrine also does not apply to accidents involving intentional injuries. In these cases, the injured party is not allowed to assign fault or blame to any other party.
Benefits of South Dakota’s Comparative Negligence Rule
South Dakota’s comparative negligence rule provides a great benefit to injured people in the state by allowing them to make a claim for damages if they are less than 50 percent at fault. This gives injured parties an opportunity to recover some of their losses, even if they are found to be responsible for the accident. Comparative negligence also simplifies the process of determining liability in cases involving multiple parties or complex circumstances.
Conclusion
South Dakota’s comparative negligence rule makes it easier for injured people to make a claim for damages if they are found to be partially at fault for an accident. This doctrine provides benefits to South Dakota residents by allowing them to make a claim for damages if they are less than 50 percent at fault and simplifies the process of determining liability for accidents involving multiple parties. Though the rule does have some limitations, it is beneficial for South Dakota residents who have been injured in accidents.
