South Dakota dog liability for owners of strong dogs
Without a bite statute, a victim proves either that the owner knew of danger or that the owner was negligent.
01No statute, two theories
The dogbitelaw.com summary of South Dakota dog bite law says South Dakota has no dog bite statute and is a one bite state, and that a victim can recover under scienter, negligence or intentional tort. It cites Sybesma v. Sybesma, where the court said a negligence claim does not require proof the animal was vicious.
02Potentially dangerous animals
The dogbitelaw.com note on South Dakota code 40-1-23 quotes South Dakota code 40-1-23, which requires the owner of a potentially dangerous animal to keep it in a proper enclosure or directly accompanied and restrained, and makes violation a Class 1 misdemeanor. It reports that the state Supreme Court reversed a conviction under the statute in State v. Alexander.
03Filing deadline
The dogbitelaw.com table of state filing deadlines lists South Dakota Codified Laws 15-2-1 and following for time limits. Ask an attorney for the current deadline that applies to you.
04Insurance and housing
Tell your insurer what dog is coming and read your lease or association rules first. State law does not override either.
Live in South Dakota and want to ask about a dog?
Send your South Dakota ZIP code and what the dog would protect. A partner company that places protection dogs follows up.
Request a protection dog