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South Dakota

Negligence Doctrine: Pure Comparative Negligence

Circuit # 8

Med Pay Subrogation - Yes

PIP Subrogation - Yes


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property N/A
Breach of Contract (Written) 6 years
Personal Property 3 years
Personal Injury 3 years
Medical Malpractice 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists; Insurer can collect even if insured has not been made-whole
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Post-judgment wage attachment is specifically authorized; 20% of disposable earnings but only for a 60-day period and this 60-day period can be renewed regularly; The earnings of the debtor that are immediately necessary for the support of the debtor and his family are exempt from attachment. Examples include money needed for rent, food, medical expenses and clothing; Aid, such as welfare, social security, and child support are exempt from attachment
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $1,500 of actual damages, plus costs
Liability imposed when child willfully or maliciously causes damage, except when child’s conduct occurred through the operation of a motor vehicle
 


Subrogation by Landlord's Carrier against Tenant

No, unless lease clearly allows subrogation

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