In any action arising out of an injury to the person, the local law of the state where the injury occurs determines whether a claim for damages survives the death of the party sought to be held liable or of the injured person. For purposes of this section, the place where the injury occurs is the place where the forces causing the injury first result in actionable injury to the injured person.
S.D. Codified Laws § 21-3-14
Local law where personal injury occurs determines survival of claim
Applied in 2 court decisions — leading case 849 F. Supp. 2d 893 - Jacobs v. Evangelical Lutheran Good Samaritan Society (2012)
Most recently applied in 852 F. Supp. 2d 1139 - Butts v. Evangelical Lutheran Good Samaritan Society (February 2012)
Source: SL 2011, ch 112, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.