South Dakota Dog Bite Laws

South Dakota has no general dog bite statute, so most claims are decided under common-law rules developed by the courts.

South Dakota dog bite law at a glance

What South Dakota law says

• South Dakota has no strict liability dog bite statute (MSU, Justia).
• Owners are liable when dogs chase, injure or kill poultry or domestic animals; it is also a Class 2 misdemeanor (40-34-2).

Strict liability vs. the one-bite rule

Without a dog bite statute, claims follow the common law. Under the "one-bite" rule, an owner is liable if they knew or had reason to know the dog had dangerous tendencies. A victim can also argue negligence, for example that the owner broke a leash ordinance or failed to control the dog.

Dangerous dog rules in South Dakota

• A vicious dog attacks people in public without provocation, or certain workers on private property (SDCL 40-34-14).
• A dog cannot be declared vicious if the victim was trespassing, teasing it or committing a crime (40-34-15).
• Local governments may not enact breed-specific rules (40-34-16).

Deadline to file a claim

Justia's 50-state survey lists 3 years as the general personal injury deadline (statute of limitations) in South Dakota. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

1. Get medical care, even for a small puncture; bites can become infected.
2. Get the owner's name, contact details and the dog's rabies vaccination status.
3. Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
4. Photograph the injuries and the location, and write down witness names.
5. Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in South Dakota leash laws.

Sources

1. Michigan State University Animal Legal & Historical Center: South Dakota dog laws
2. Justia: Dog bite laws, 50-state survey
3. Michigan State University Animal Legal & Historical Center: Dog bite strict liability statutes