Joint and Several Liability in South Dakota
State-specific overview · Tort Law
South Dakota applies joint and several liability in most civil cases, allowing plaintiffs to recover full damages from any defendant.
How South Dakota treats Joint and Several Liability
South Dakota courts generally recognize joint and several liability for all defendants found liable, regardless of their percentage of fault. A plaintiff may collect the entire judgment from any single defendant, who can then seek contribution from other liable parties. This rule applies broadly across tort cases unless specific statutory exceptions apply. Defendants cannot limit their exposure based on comparative fault percentages in the initial judgment phase.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.