South Dakota's Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

Except in cases of medical malpractice, wrongful death actions must be filed within in three years of the date of death. In cases where the action is based upon medical malpractice, suit must be filed within two years of the date of death.

Personal Injury Actions

Personal Injury Actions must be brought within three years of the date that the injury occurred.

Medical Malpractice Actions

Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. In the case of a minor under six, the child has two years after his or her sixth birthday to file a medical malpractice action. In the case of minors six and older, the minor must file suit within three years of the date of the act giving rise to the injury.

Products Liability Actions

Products liability actions must be brought within three years after the plaintiff suffers the injury or within three years of the date the injury was, or should have been, discovered.

Special Rules for Minors

Except in cases of medical malpractice or wrongful death, the statute of limitations is tolled until the minor’s 18th birthday, but an action cannot be brought more than one year after the minor’s 18th birthday.