Negligence Law South Dakota
The English Dictionary defines the word “negligence” as the failure to act in the manner expected thereby causing injury to another. So, you can be accused of negligence in your everyday life if you somehow failed to act how a reasonable person in your situation would have. In the legal context too, negligence law definition means much the same. It indicates the failure to carry out duties expected of one, which results in direct harm to another. The negligence law definition implies that the expanse of this duty depends on the individual and the situation in question.
Negligence laws are enacted based upon the conditions laid out in the negligence law definition. What are the conditions that the negligence law definition upholds for negligence laws to be applicable to a case? For a prosecutor to charge an individual with negligence laws, they must –
- Have been expected to carry out a duty
- Failed in carrying out this duty properly
- Caused harm due to this improper dispersal of duty
- Harm caused must be directly resulting from this improper dispersal of duty
No individual can be prosecuted against under negligence laws if the above conditions are not proved in Court.
South Dakota Negligence Law
Negligence Law South Dakota is contained in Section 20-9-2 of South Dakota Legal Statues. Negligence laws by state differ in the US. Some observe comparative negligence as the basis for their negligence laws and others, comprehensive negligence. South Dakota Negligence Law follows slight comparative negligence. So, negligence law South Dakota states that if the plaintiff’s fault was slight and the defendant’s gross, the plaintiff is liable to receive compensation for damages. However, it is strictly mentioned that if the plaintiff’s fault is proved to be more than slight, they can no longer receive any compensation. What factor does the plaintiff’s chances of receiving recovery depend on? South Dakota Negligence Law finds that the plaintiff’s fault in the matter proportionately decreases his/her chances for claiming damages. Negligence law South Dakota is strict in enforcing this.
Punishment for Negligence in South Dakota
Punishment for negligence in South Dakota, as per negligence law South Dakota states that the defendant must pay the plaintiff compensation for damages, as long as their fault was gross and the plaintiff’s only slight. According to South Dakota negligence law, if the plaintiff is found to have more than a slight fault in the negligent act – they are not liable to recover any damages.
As we’ve already discussed, negligence laws by the state tend to vary. While punishment for negligence in South Dakota is similar to others decreed by negligence laws by state in the US – it is still not the same. South Dakota follows its own unique standard. In most states, liability less than 50% in the case of negligence entitles you to receive damages. In South Dakota, however, that isn’t considered. Neither does the state follow complete comparative negligence nor comprehensive negligence. South Dakota’s negligence laws can be said to be refashioning of the comparative negligence laws.
What to do when Embroiled in a Negligence Case?
It’s important to be aware of negligence laws, lest you find yourself in a case of negligence. Negligence laws are applicable in personal injury cases, property damage cases and so on. Reach out to a legal professional at once and learn about how you can hire yourself an attorney to fight your negligence case for you. The law attorney will have all the know-how required to handle such cases and will be able to get you the best deal for damages. Hiring the wrong attorney could have you paying more than you should be warranted in your legal negligence case.