In any product liability action based upon negligence or strict liability, whether the design, manufacture, inspection, testing, packaging, warning, or labeling was in conformity with the generally recognized and prevailing state of the art existing at the time the specific product involved was first sold to any person not engaged in the business of selling such a product, may be considered in determining the standard of care, whether the standard of care was breached or whether the product was in a defective condition or unreasonably dangerous to the user.
S.D. Codified Laws § 20-9-10.1
State of the art defense in product liability actions
Applied in 2 court decisions — leading case First Premier Bank v. Kolcraft Enterprises, Inc. (2004)
Most recently applied in Lindholm v. BMW of North America, LLC (August 2016)
Source: SL 1995, ch 117.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.