In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed. The trier of fact may determine that two or more persons are to be treated as a single party if their conduct was a proximate cause of the damages claimed and if the acts or omissions of such persons are so interrelated that it would be inequitable to distinguish between them.
S.D. Codified Laws § 15-8-15.2
Determination of percentages of fault by trier of fact--Treatment of several persons as single party
Applied in 2 court decisions — leading case Western Consolidated Cooperative v. Pew (2011)
Most recently applied in Long v. State of S.D. (November 2017)
Source: SL 1987, ch 154, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.