This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff.
South Dakota Answer - Personal Injury - Pharmaceutical - Multiple Defendants
State:
Multi-State
Control #:
US-PI-0262
Format:
Word;
Rich Text
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How to fill out Answer - Personal Injury - Pharmaceutical - Multiple Defendants?
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FAQ
South Dakota's Supreme Court stated, ?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.? Since Jurgensen, the South Dakota Supreme ...
The harshness of this rule has led most states to abandon it, although it used to be widely applied. Currently, only Alabama, Maryland, North Carolina, Virginia, and Washington, D.C. follow this rule. All other states have adopted some version of comparative negligence (see.
No peace officer, conservation officer, member of any fire department, police department and their first aid, rescue or emergency squad, or any citizen acting as such as a volunteer, or any other person is liable for any civil damages as a result of their acts of commission or omission arising out of and in the course ...
8.1 In relation to claims for negligently-caused personal injury and death, contributory negligence is failure by a person (typically the plaintiff) to take reasonable care for his or her own safety, which contributes to the harm the person suffers.
Contributory negligence has led to harsh results in some cases. The majority of states have replaced the doctrine with an alternative called comparative negligence. The doctrine of comparative negligence reduces a plaintiff's recovery by the percentage in which the plaintiff is at fault for their damages.
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.
Historically, contributory negligence was the rule in all states, leading to harsh results. Many states developed and adopted comparative negligence laws. Today, the jurisdictions that still use contributory negligence are Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.
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.