Not legal advice. LawsuitSettlementEstimator.com provides informational estimates only. Nothing on this site creates an attorney-client relationship.

South Dakota · State edition

South Dakota Slip and Fall Settlement Calculator

Estimate a slip and fall settlement under South Dakota law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.

Slip and Fall Settlement Calculator
Enter your case details
Economic damages
What you've lost in dollars
$
$
$
$
Injury
Used to select a pain & suffering multiplier
Injury severity
Expected recovery
Liability & coverage
These can cap or reduce your recovery
$
Live estimate
Case #1000
Estimated Net Take-Home
$0
Likely range $0 to $0
Breakdown
Economic damages$64,500
Pain & suffering (×2.85)$183,825
Comparative fault (−15%)−$248,325
Attorney fees (33.3%)−$0
Case costs−$0
Medical liens−$5,040
Net to client$0
Your state's fault rule does not fit the standard categories, so this estimate applies the most restrictive version and has been set to $0. Your actual recovery may be higher. Speak with a licensed attorney in your state before relying on this number.
Statute of limitations in South Dakota: 3 years to file this claim.
Fault rule pending verification. South Dakota weighs whether the claimant's negligence was slight compared with the defendant's gross negligence under SDCL 20-9-2. There is no percentage threshold, so none of our four rule values describes it, and the rule is more restrictive than a 50% or 51% bar. We apply the most restrictive treatment available so the estimate is never overstated, which means it can understate what a claimant with slight fault recovers. A South Dakota attorney can tell you where your case falls.
This estimate is for informational and planning purposes only. It is not legal advice, financial advice, or a guarantee of any outcome. Every case is different. Consult a licensed attorney in your state for advice specific to your situation.
Not sure what this number means?
Get a plain-English read on your estimate.
Verified state law

What South Dakota law does to your claim

Four things in state law shape a slip and fall claim: how long you have to file, how soon a government must be told when it owns the property, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.

Slip and fall
3 years

S.D. Codified Laws § 15-2-14(3)·Source retrieved 2026-07-27

Comparative fault rule
Pending verification

South Dakota weighs whether the claimant's negligence was slight compared with the defendant's gross negligence under SDCL 20-9-2. There is no percentage threshold, so none of our four rule values describes it, and the rule is more restrictive than a 50% or 51% bar. We apply the most restrictive treatment available so the estimate is never overstated, which means it can understate what a claimant with slight fault recovers. A South Dakota attorney can tell you where your case falls.

Non-economic damages (pain and suffering)
None on record
Punitive damages
None on record

S.D. Codified Laws §§ 21-1-4.1, 21-3-2·Source retrieved 2026-07-27

If a government owns the property
180 days

No action for damages for personal injury, property damage or death caused by a public entity or its employees may be maintained unless written notice of the time, place and cause of the injury is given to the public entity within 180 days after the injury. The chapter does not extend the time to sue. S.D. Codified Laws § 3-21-2 reads: “No action for the recovery of damages for personal injury, property damage, error, or omission or death caused by a public entity or its employees may be maintained against the public entity or its employees unless written notice of the time, place, and cause of the injury is given to the public entity as provided by this chapter within one hundred eighty days after the injury. Nothing in this chapter tolls or extends any applicable limitation on the time for commencing an action.” We read this section only, so it is not a complete account of suing a government in South Dakota.

S.D. Codified Laws § 3-21-2·Last reviewed 2026-10-16

None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.

The fault rule, in dollars

What partial fault costs you in South Dakota

The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.

0% at fault
$83,576
25% at fault
$0
Barred under this rule
50% at fault
$0
Barred under this rule
51% at fault
$0
Barred under this rule

One case, run through the calculator above four times with only the claimant's share of fault changed, under South Dakota law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.

Filing deadlines

Every South Dakota deadline we hold

A claim can be more than one kind of case, and the clock is different for each. These are the South Dakota periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.

Personal injury
3 years

S.D. Codified Laws § 15-2-14(3)·Source retrieved 2026-07-27

Open the personal injury calculator
Medical malpractice
2 years

S.D. Codified Laws § 15-2-14.1·Source retrieved 2026-07-27

Open the medical malpractice calculator
Wrongful death
3 years

S.D. Codified Laws § 21-5-3·Source retrieved 2026-07-27

Open the wrongful death calculator
Workers compensation
2 years

SDCL 62-7-35 generally gives a worker 2 years to petition after a written denial of benefits. Separate notice and claim rules run on their own, much shorter clocks, so report your injury to your employer right away rather than relying on this figure.

S.D. Codified Laws 62-7-35·Last reviewed 2026-07-28

Open the workers compensation calculator
Slip and fall
3 years

S.D. Codified Laws § 15-2-14(3)·Source retrieved 2026-07-27

Open the slip and fall calculator
Dog bite
3 years

S.D. Codified Laws § 15-2-14(3)·Source retrieved 2026-07-27

Open the dog bite calculator
How this state compares

South Dakota against the rest of the country

Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.

  • 6 of the 51 jurisdictions we track apply the contributory negligence rule, and South Dakota is one of them.
  • Its 3 years to file is longer than the 2 years that 25 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 6 years.
  • We have read the official text of 30 jurisdictions' rules on the notice or claim a government must receive before an injury suit, and South Dakota is one of them: 180 days, under S.D. Codified Laws § 3-21-2.
  • 7 of the 51 jurisdictions limit non-economic damages (pain and suffering) in our data and South Dakota is not among them, so an estimate here is not held down by a ceiling we hold.

Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology

South Dakota Slip and Fall questions

Every document behind our state injury law figures, each linked with the date we last read it, is listed on our State Injury Law research sources page.