The rights and remedies granted to an employee subject to this title, on account of personal injury or death arising out of and in the course of employment, shall exclude all other rights and remedies of the employee, the employee's personal representatives, dependents, or next of kin, on account of such injury or death against the employer or any employee, partner, officer, or director of the employer, except rights and remedies arising from intentional tort.
S.D. Codified Laws § 62-3-2
Rights and remedies of employees limited
Applied in 32 court decisions — leading case Champion v. United States Fidelity & Guaranty Co. (1987)
Most recently applied in Lopez v. Catholic Charities (December 2023)
Source: SL 1917, ch 376, § 5; RC 1919, § 9440; SDC 1939, § 64.0104; SL 1977, ch 422; SL 1978, ch 370, § 2; SL 2008, ch 278, § 5.
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.