Are slip and fall cases heard in civil or criminal court?
Slip and fall cases in South Dakota are typically heard in civil court. Civil court handles a variety of disputes between individuals and organizations, and slip and fall cases are typically considered a form of negligence and a civil matter. Under South Dakota law, if someone slips and falls due to a property owner’s negligence, they can file a personal injury lawsuit against the property owner. The claim must establish that the property owner was negligent in failing to maintain the premises and keep customers safe from harm. In this sense, a slip and fall case would be a civil dispute between the injured person and the property owner. Slip and fall cases are not heard in criminal court, but criminal charges could potentially apply if the property owner acted with willful negligence or intended to cause harm. In this case, they could be charged with assault or battery, depending on the circumstances. But these types of slip and fall cases are relatively rare, and most slip and fall claims are handled in civil court.
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