No action for the recovery of damages for personal injury, property damage, error, or omission or death caused by a public entity or its employees may be maintained against the public entity or its employees unless written notice of the time, place, and cause of the injury is given to the public entity as provided by this chapter within one hundred eighty days after the injury. Nothing in this chapter tolls or extends any applicable limitation on the time for commencing an action.
S.D. Codified Laws § 3-21-2
Notice prerequisite to action for damages--Time limit
Applied in 38 court decisions — leading case Peterson, Ex Rel. Peterson v. Burns (2001)
Most recently applied in Jucht v. Schulz (August 2024)
Source: SL 1986, ch 4, § 2; SL 2007, ch 23, § 1.
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.