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HB 1103 revise certain provisions relating to comparative negligence.
State of South Dakota  
NINETIETH SESSION
LEGISLATIVE ASSEMBLY, 2015  

864W0110   HOUSE BILL   NO.  1103  

Introduced by:    Representatives Stevens, Bartling, Conzet, Gibson, Gosch, Hunt, Johns, Kaiser, Kirschman, Langer, Westra, and Wink and Senators Rusch, Bradford, Buhl O'Donnell, Frerichs, Lederman, Monroe, Rampelberg, Rave, and Solano
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions relating to comparative negligence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 20-9-2 be amended to read as follows:
    20-9-2. In all actions brought to recover damages for injuries to a person or to that person's property caused by the negligence of another, the fact that the plaintiff may have been guilty of plaintiff's contributory negligence does not bar a recovery when if the contributory negligence of the plaintiff was slight in comparison with less than the negligence of the defendant, or the collective negligence of all the defendants, but in such case, the damages shall be reduced in proportion to the amount of plaintiff's contributory negligence.
    Notwithstanding Woods vs. City of Crooks, 559 N.W.2d 558 (SD 1997), the determination of whether the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant shall be made without disclosing any determination of percentage of plaintiff's fault by special interrogatory.


170 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.098 per page.
 
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Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.