South Dakota: Why No Other State Shares This Rule

Every single neighboring state uses an ordinary percentage-based system. South Dakota genuinely stands alone — and a 2015 attempt to change that didn't fully land.

A rule with no real peer group

Unlike most states covered on this site, South Dakota doesn't belong to a meaningful peer group for its negligence rule. Multiple independent legal sources describe it as the only state in the nation currently using a slight/gross negligence standard — there simply isn't another state to meaningfully compare it to on this specific point.

Not even South Dakota's neighbors share it

North Dakota, Minnesota, Iowa, and Nebraska — every state bordering South Dakota — all use an ordinary percentage-based modified comparative negligence system, with either a 50% or 51% bar. None of them ask whether a plaintiff's fault was qualitatively "slight"; they all simply compare a fault percentage against a fixed threshold.

A real 2015 attempt to change this

South Dakota's legislature has, at least once, considered moving away from this unique standard. A 2015 bill proposed amending SDCL § 20-9-2 to replace its "slight in comparison with" language with "less than" the defendant's negligence — a change that would have shifted South Dakota toward an ordinary percentage-based comparative system, more in line with its neighbors. The bill also addressed a specific court decision, Wood v. City of Crooks, by proposing that a jury's percentage finding not be disclosed in a way that let courts rule on "slightness" as a matter of law.

The slight/gross standard, still standing

Despite that 2015 effort, more recent legal sources continue to describe South Dakota's operative standard as "slight in comparison with" the defendant's negligence — the original, nationally unique language. Whatever became of that specific bill, South Dakota's practical standard today remains the one courts have applied for decades, not a percentage-based alternative.

Why this genuine isolation matters

Someone moving between South Dakota and virtually any neighboring state encounters something more than just a different percentage cutoff within a familiar framework — they encounter a genuinely different kind of question altogether. See our full guide to how fault is actually assessed under this standard for how South Dakota courts have approached that question in practice.

South Dakota's isolation on this rule — frequently asked questions

Is South Dakota really the only state with a slight/gross negligence rule?

Yes. Multiple independent legal sources describe South Dakota as the only state in the nation currently using this slight/gross comparative fault standard.

Do any of South Dakota's neighboring states use a similar rule?

No. States like North Dakota, Minnesota, Iowa, and Nebraska all use an ordinary percentage-based modified comparative negligence system, with a 50% or 51% bar, rather than South Dakota's qualitative standard.

Did South Dakota's legislature ever try to change this rule to match other states?

Yes, in part. A 2015 bill proposed changing the statute's key phrase from "slight in comparison with" to "less than" the defendant's negligence, which would have moved South Dakota toward an ordinary percentage-based system.

Did that 2015 reform effort succeed in replacing the slight/gross standard?

Current sources continue to describe South Dakota's operative standard as "slight in comparison with" the defendant's negligence, so the slight/gross standard remains the one actually applied.

Why is South Dakota's isolation on this rule worth understanding?

Because someone moving between South Dakota and virtually any neighboring state encounters a genuinely different kind of fault analysis, not just a different percentage threshold within the same basic framework.

This page provides general guidance only and is not legal advice. Figures are based on South Dakota statute and legislative history (SDCL § 20-9-2; 2015 HB 1103) and general US negligence law, verified per our methodology. Confirm how these rules apply to a specific claim with a licensed South Dakota attorney before acting.