An employer, except as otherwise specially provided, is not bound to indemnify an employee for losses suffered by the employee in consequence of the ordinary risks of the business in which employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the employer has neglected to use ordinary care in the selection of the culpable employee.
S.D. Codified Laws § 60-2-2
Losses for which employer not required to indemnify employee
Applied in 3 court decisions — leading case Smith v. Community Co-Operative Ass'n of Murdo (1973)
Most recently applied in Sheard v. Hattum (September 2021)
Source: CivC 1877, § 1130; CL 1887, § 3753; RCivC 1903, § 1449; RC 1919, § 1073; SDC 1939, § 17.0202; SL 2008, ch 276, § 7.
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.