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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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What to do after a burn in South Dakota
Treatment comes first. The American Burn Association’s referral guidelines call for immediate burn center consultation for any full-thickness burn and for partial-thickness burns over 10% or more of the body. Every chemical injury qualifies too (ABA referral guidelines).
When the person is stable:
- Photograph the burn as it heals, and the place where it happened.
- Keep the cup, heater, clothing or product. Do not return it to the seller.
- Get the incident report and witness names.
- Ask in writing that security video be saved before it is recorded over.
- Talk to a lawyer before giving an insurer a recorded statement.
The deadline to file in South Dakota
Most personal injury suits must start within three years after the cause of action accrues (SDCL 15-2-14(3)). The statute’s notes show no amendment since 1945, so this period governs burns that happen now. Medical malpractice claims get two years from the act under SDCL 15-2-14.1.
The statutes reviewed for this page contain no discovery rule for ordinary personal injury claims; fraud claims accrue on discovery (SDCL 15-2-3). The South Dakota Supreme Court calls the malpractice limit an occurrence rule that “begins to run when the alleged negligent act occurs, not when it is discovered” (Pitt-Hart v. Sanford USD Med. Ctr., 2016 S.D. 33, ¶ 19).
Public bodies add a step. Written notice of the time, place and cause of the injury must reach the public entity within 180 days after the injury (SDCL 3-21-2). Under SDCL 3-21-3, amended in 2024, it goes to the attorney general and the commissioner of human resources and administration for the State, the auditor for a county, the mayor or finance officer for a city, and the superintendent for a school district. Other entities are served through their chief executive officer or board secretary. The notice does not extend the three-year limit.
How fault works in South Dakota
South Dakota uses no percentage cutoff. Under SDCL 20-9-2, a plaintiff’s own negligence “does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant.” The award is then reduced in proportion. If the plaintiff’s share was more than slight, there is no recovery.
Picture a diner in Sioux Falls reaching for tea that a server left at the table edge without a lid. It tips into her lap, and the restaurant says she grabbed it carelessly. If her part was slight next to the restaurant’s, she recovers a reduced award; if not, she gets nothing. Temperature matters here. The ABA says hot drinks are usually served at 160 to 180°F, hot enough for almost instant burns that need surgery (ABA scald guide).
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Damages and caps in South Dakota
| Item | South Dakota rule | Source |
|---|---|---|
| Punitive damages | Allowed in non-contract cases for oppression, fraud or malice, actual or presumed (SDCL 21-3-2); no dollar or multiple cap in these sections | SDCL 21-1-4.1 |
| General (noneconomic) damages, medical malpractice | $500,000 total | SDCL 21-3-11 |
| Special (economic) damages, medical malpractice | No limit | SDCL 21-3-11 |
Before discovery on punitive damages, or before a jury hears that claim, the judge must hold a hearing and find by clear and convincing evidence a reasonable basis to believe the conduct was willful, wanton or malicious. The malpractice cap’s text has no inflation adjustment.
Burns at work in South Dakota
Workers’ compensation is the exclusive remedy against your employer and its employees, partners, officers and directors, except for intentional torts (SDCL 62-3-2).
Say a welder is burned when a subcontractor’s propane line flashes. The worker may claim comp, sue the subcontractor, or both, and a third-party recovery offsets comp still owed (SDCL 62-4-38). The employer is repaid the comp it paid from that recovery, less reasonable collection costs, which can include an attorney fee of up to 35% of the comp paid (SDCL 62-4-39). It may also sue the third party itself, holding any excess over the comp paid for the worker (SDCL 62-4-40).
Burn centers in South Dakota
The American Burn Association’s directory lists no burn center in South Dakota. It also shows no ABA-verified burn center in North Dakota or Nebraska. A serious burn here may mean a transfer out of state, so ask the hospital where it sends burn patients and keep records from every place you were treated.
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
- A property owner or landlord, over faulty wiring or a missing smoke alarm.
- A contractor working on your employer’s site.
- The maker or seller of a heater, battery or pressure cooker.
- A utility or propane company, over a leak.
- A restaurant or coffee shop, over a drink served too hot or a loose lid.
How Beverly Law helps in South Dakota
Beverly Law is a California firm, and its attorneys are licensed in California and Washington. For burn injuries in South Dakota, the firm works with attorneys licensed in South Dakota through its referral network. A free case review connects you with a South Dakota-licensed burn injury attorney, usually within one business day.
Related pages
This page is general information about South Dakota law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in South Dakota can tell you how they apply to your case.
Common questions
How long do I have to sue for a burn in South Dakota?
Generally three years from when the claim accrues, under SDCL 15-2-14(3). Malpractice claims have two years from the act. If a public body is involved, written notice is due within 180 days, and that notice does not extend the three-year deadline.
Can I recover if I was partly to blame?
Only if your negligence was slight compared with the defendant’s. SDCL 20-9-2 sets no percentage. When your share is slight, the award is reduced in proportion. When it is more than slight, the claim is barred.
Can I sue my employer for a burn at work?
Usually not, because comp is the exclusive remedy except for intentional torts. You can still claim comp and sue an outside company that caused the burn, though your employer can be repaid from that recovery.
Is there a burn center in South Dakota?
The ABA directory, checked in November 2026, lists none in the state and shows no ABA-verified center in North Dakota or Nebraska. Hospitals arrange transfers for serious burns, so ask where you are being sent.
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Burn injury lawyer — Beverly Law
Burned in South Dakota because of someone else? A free case review connects you with a burn injury attorney licensed in South Dakota, usually within one business day.
Related pages
Sources
- sdlegislature.gov/Statutes/15-2-14
- ujs.sd.gov/media/nvmkd033/27568.pdf
- sdlegislature.gov/Statutes/3-21-2
- sdlegislature.gov/Statutes/20-9-2
- sdlegislature.gov/Statutes/21-1-4.1
- sdlegislature.gov/Statutes/21-3-11
- sdlegislature.gov/Statutes/62-3-2
- sdlegislature.gov/Statutes/62-4-38
- sdlegislature.gov/api/Statutes/15-2-14.1.html
- sdlegislature.gov/api/Statutes/15-2-3.html
- sdlegislature.gov/api/Statutes/3-21-3.html
- sdlegislature.gov/api/Statutes/21-3-2.html
- sdlegislature.gov/api/Statutes/62-4-39.html
- sdlegislature.gov/api/Statutes/62-4-40.html
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- ameriburn.org/burnreferral
- childburn.org/_files/ugd/8b77b5_86f5163b1c4f4c9a8d6cc8c3456a2d7f.pdf
Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.