The Legislature finds that the consumption of alcoholic beverages, rather than the serving of alcoholic beverages, is the proximate cause of any injury inflicted upon another by an intoxicated person. Therefore, the rule in Walz v. City of Hudson, 327 N.W. 2nd 120 (S.D. 1982) is hereby abrogated.
S.D. Codified Laws § 35-11-1
Legislative finding--Abrogation of former rule
Applied in 8 court decisions — leading case Rushmore State Bank v. Kurylas, Inc. (1988)
Most recently applied in McGuire v. DEAN J. CURRY (May 2009)
Source: SL 1985, ch 295, § 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.