Is the Landlord Liable for a Tenant's Dog Bite in South Dakota?
South Dakota's highest court has ruled for landlords in two 2022 dog bite cases.
Burgi v. East Winds Court
In Burgi v. East Winds Court (January 2022) a boy was bitten near his home in a trailer court. The Supreme Court affirmed summary judgment for the landlord, applying the rule that a landlord who has parted with full possession of the premises is not liable for injury to third persons caused by the tenant's negligence. It expressed no opinion on the dog owner's liability.
Davies v. GPHC
In Davies v. GPHC (September 2022) a tenant bitten by another tenant's dog lost both a general negligence claim and a negligence per se claim based on the vicious dog public-nuisance statute, SDCL 40-34-13, against the landlord.
What this means
A claim should be aimed at the owner or keeper. A landlord is exposed mainly where it retains control of the premises or the animal, a question the cases did not resolve in the claimant's favor.
Deadline
The injury claim has three years under SDCL 15-2-14.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Dakota's rules apply to your specific case with a licensed South Dakota attorney.