South Dakota Mesothelioma Lawyer and Legal Information

In addition to personal injury and product liability lawsuits, there are other causes of action relating to asbestos-related lawsuits, including property damage suits due to asbestos, and environmental damage suits.

Determination of Liability

The South Dakota courts follow a pure comparative negligence system in determining liability and damages. Under a pure comparative negligence system, a plaintiff may collect damages even if they are partly at fault in causing their own injury. As long as the plaintiff can show any negligence at all on the part of the defendant, the plaintiff can still collect some damages. However, if the judge or jury determines that the plaintiff is at fault in causing their own injury, any damages determined will be reduced in proportion to their share of the blame. Thus, in a case where the jury decides that the plaintiff is 80 percent at fault and determines that the damages in the case amount to $100,000, the plaintiff may recover up to $20,000 in damages.

In cases where there is more than one defendant, the South Dakota courts apportion damages using a modified joint and several liability system. In any case where a defendant is found less than 50 percent responsible for damages, they may not be jointly or severally liable for more than twice their percentage of the fault. Thus if a defendant is found 25 percent responsible for causing an injury, they can not be held jointly and severally responsible for more than 50 percent of the total amount of the judgment.

South Dakota Asbestos Litigation

While there have been very few asbestos or mesothelioma lawsuits brought in South Dakota, there have been suits brought by South Dakota residents in other jurisdictions, as well as South Dakota residents who have joined class action suits against asbestos defendants in other jurisdictions. There are many exposure sites in South Dakota, and there are thousands of homes throughout South Dakota that used loose vermiculite insulation that was very likely mined in the W.R. Grace mine in Libby, Montana. Libby is one of the country's most asbestos-contaminated Superfund sites thanks to operations at the Grace mine.

Despite the lack of asbestos litigation in South Dakota, the state does have a vested interest in asbestos and mesothelioma legislation. The latest iteration of the FAIR bill whose primary purpose is to set up a trust fund which will protect corporations from asbestos litigation by setting up a national fund to compensate asbestos victims was co-sponsored by South Dakota Senator Tom Daschle.

State Index