Slight/Gross Negligence Rule (South Dakota Exception)

Category: legal

A unique, isolated statutory framework where a plaintiff can recover damages only if their contributory negligence is deemed \"slight\" while the defendant's negligence is \"gross.\"

Codified under S.D. Codified Laws § 20-9-2, South Dakota is the absolute sole state utilizing this framework. The statute does not define an exact mathematical percentage for \"slight\"; instead, the jury must qualitatively compare the actions of both parties. However, state supreme court precedent (e.g., Wood v. City of Crooks) has established a functional ceiling, indicating that if a plaintiff's fault reaches or exceeds 30%, it is legally impossible to classify their negligence as slight, resulting in an immediate take-nothing judgment.

Common Examples

• Because the commercial box truck collision occurred in Pierre, the claim valuation logic must apply the unique slight/gross negligence filter rather than a standard 51% bar calculation.
• The defense counsel argued that the claimant's failure to wear a seatbelt constituted more than slight negligence, aiming to completely bar recovery under South Dakota law.