South Dakota Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. SDCL 3-21-2 requires written notice of the time, place and cause of the injury within 180 days after the injury, for personal injury, property damage, error or omission, or death. Missing it can bar the claim. Reading the statute or contacting the entity's risk management office confirms the current rule.

2. 2

   One chapter covers the state and every other public entity, such as counties, municipalities and school districts, with the same 180-day deadline (SDCL 3-21-1(2), 3-21-2).

3. 3

   A claim against the state is noticed to BOTH the attorney general AND the commissioner of human resources and administration (SDCL 3-21-3(1)). Send the notice to each office.

4. 4

   For local entities, the notice goes to the county auditor for a county, the mayor or city finance officer for a municipality, and the superintendent of schools for a school district. For other public entities, it goes to the chief executive officer or the secretary of the governing board (SDCL 3-21-3).

5. 5

   The notice may not be deemed invalid or insufficient because of an inaccuracy in stating the time, place or cause of the injury if it is shown that the claimant had no intention to mislead and that the public entity was not misled (SDCL 3-21-5). State the details as accurately as you can.

6. 6

   Giving notice does not pause the deadline to sue. Nothing in Chapter 3-21 tolls or extends any applicable limitation on the time for commencing an action (SDCL 3-21-2).

7. 7

   For an injured minor, or a person who is mentally or physically incapacitated, a court may allow notice within a reasonable time after the disability ends. The application to the court must be made within 2 years of the event (SDCL 3-21-4).

South Dakota Requirements for Notice of Claim

• 180-Day Written Notice

  SDCL 3-21-2: written notice of the time, place and cause of the injury within 180 days after the injury, for personal injury, property damage, error or omission, or death.

• State Claim Recipients

  SDCL 3-21-3(1): a claim against the state is noticed to both the attorney general and the commissioner of human resources and administration.

• Local Entity Recipients

  SDCL 3-21-3: county auditor; mayor or city finance officer; superintendent of schools; for other public entities, the chief executive officer or secretary of the governing board.

• Inaccuracy Rule

  SDCL 3-21-5: the notice may not be deemed invalid or insufficient because of an inaccuracy in stating the time, place or cause of the injury if it is shown that the claimant had no intention to mislead and that the public entity was not misled.

• No Tolling of the Suit Deadline

  SDCL 3-21-2: nothing in the chapter tolls or extends any applicable limitation on the time for commencing an action.

• Late Notice for Minors and Incapacity

  SDCL 3-21-4: a court may allow notice within a reasonable time after the disability ends; the application must be made within 2 years of the event.

• Immunity Waived to the Extent of Coverage

  SDCL 21-32A-1: a public entity other than the state is deemed to have waived sovereign immunity to the extent it participates in a risk sharing pool or buys liability insurance and coverage is afforded. SDCL 21-32-16: the state, to the extent liability insurance is purchased under 21-32-15 and coverage is afforded.

• Time, Place and Cause

  State the date and approximate time, the exact place, and the cause of the injury, plus the injury or damage claimed.