Question 1

Is South Dakota a strict liability state for dog bites?

Accepted Answer

No statute makes the owner strictly liable. South Dakota has no dog bite statute. A person injured by a domestic animal can sue under scienter, which is common-law strict liability once the owner knew or had reason to know the animal was dangerous, or under ordinary negligence, which does not require proof that the dog was vicious.

Question 2

What is the vicious dog statute?

Accepted Answer

SDCL 40-34-13 to 40-34-15 treat owning or keeping a vicious dog as a public nuisance. A vicious dog is one that, unprovoked, approaches in an apparent attitude of attack, or bites or attacks a person in a public place, or attacks a mail carrier, meter reader, service or delivery person lawfully on private property. It sets out nuisance remedies rather than a damages formula.

Question 3

What are the defenses?

Accepted Answer

No dog may be declared vicious if the injured person was committing a willful trespass or other tort on the premises, was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting a crime (SDCL 40-34-15). Your own negligence must also be slight compared with the owner's (SDCL 20-9-2).

Question 4

Can a landlord be liable?

Accepted Answer

Generally no. In Burgi v. East Winds Court (2022) the Supreme Court affirmed summary judgment for a landlord, applying the rule that a landlord who has parted with possession is not liable for injury to third persons caused by the tenant's negligence.

Question 5

How long do I have to file?

Accepted Answer

Three years under SDCL 15-2-14.

South Dakota Dog Bite Liability

What is your claim worth?

No bite statute, so knowledge and negligence decide

South Dakota Dog Bite Liability

What is your claim worth?

No bite statute, so knowledge and negligence decide

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