South Dakota Jury Instruction - 1.1 Comparative Negligence Defense
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FAQ
The doctrine of comparative negligence applies in the majority of states with the exception of Maryland, Virginia, Alabama, and North Carolina, which use contributory negligence rules.
South Dakota has enacted a general Good Samaritan law that is codified in SDCL § 20-9-4.1. The statute provides immunity from civil damages for individuals who render emergency care, in good faith, for those in need.
South Dakota Modified comparative negligence. Plaintiff's contributory negligence does not bar a recovery when it was slight in comparison with the negligence of the defendant. S.D. Codified Laws § 20-9-2.
South Dakota Modified comparative negligence. Plaintiff's contributory negligence does not bar a recovery when it was slight in comparison with the negligence of the defendant.
There, the South Dakota's Supreme Court reiterated ?it is well settled under South Dakota law that total or partial compensation received by an injured party from a collateral source, wholly independent of the wrongdoer does not operate to reduce the damages recoverable from the wrongdoer.? Id.
Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim ing to the degree of negligence each party contributed to the incident.
19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible. 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. 19-19-404 Character evidence--Crimes or other acts. 19-19-405 Methods of proving character.
Because defendant has charged the plaintiff with negligence, it is his/her burden to prove that plaintiff was negligent and that such negligence was a proximate cause of the accident. Defendant also must prove his/her charge by a preponderance or greater weight of the credible evidence.