When there is such a disproportion of fault among joint tort-feasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tort-feasors shall be considered in determining their pro rata shares.
S.D. Codified Laws § 15-8-15
Degrees of fault of joint tort-feasors considered in determining liability
Applied in 6 court decisions — leading case Degen v. Bayman (1972)
Most recently applied in Western Consolidated Cooperative v. Pew (March 2011)
Source: SL 1945, ch 167, § 2; SDC Supp 1960, § 33.04A03 (4).
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.