South Dakota Dog Bite Lawyer

South Dakota does not have a dog bite statute. However, through case law, South Dakota’s courts have ruled that the state generally follows the “one-bite” rule, as well as negligence rules to hold dog owners liable. This means that an owner can be held liable for injuries that their dog inflicts on another person if the owner knew or should have known that their dog had dangerous propensities. The owner might be deemed to have such knowledge if their dog has previously attacked someone, or if the dog often exhibited signs of aggression (for example, snarling or growling at others). On the other hand, victims can also recover damages under a negligence claim. To establish negligence, the victim must prove that the owner owed them a duty to exercise reasonable care in controlling their dog and/or preventing it from attacking others, the owner breached that duty, and the victim’s injuries were proximately caused by this breach.