Failure to comply with the provisions of this chapter does not constitute contributory negligence, comparative negligence, or assumption of the risk. Failure to comply with the provisions of this chapter may not be introduced as evidence in any criminal litigation other than a prosecution under this chapter or in any civil litigation on the issue of injuries or on the issue of mitigation of damages.
S.D. Codified Laws § 32-38-4
Failure to comply--Evidence
Applied in 2 court decisions — leading case Mudlin v. Hills Materials Co. (2005)
Most recently applied in Mudlin v. Hills Materials Co. (May 2005)
Source: SL 1994, ch 266, § 4.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.