How long do I have to file a premises liability lawsuit?
In South Dakota, you have three years from the date of your slip and fall incident to file a premises liability lawsuit. This timeline is called the statute of limitations. The statute of limitations in South Dakota is slightly longer than in other states, which typically have a two-year limitation for suing a negligent property owner. Though you have three years to file, you may want to file your lawsuit sooner than this timeline if there is evidence that might disappear over time or if the property owner is in the process of making repairs. Additionally, if the property owner or occupier is a public entity, such as the state or county government, you may need to file a notice of intent to sue within 180 days of the incident. It is important to remember that when filing a premises liability lawsuit, you must be able to prove that the property owner was negligent. To do this, you must show that the property owner knew of the hazardous conditions or should have known of the dangerous conditions and failed to take reasonable steps to protect people on the property. Therefore, it is recommended that while the statute of limitations allows you three years, you contact a personal injury lawyer as soon as possible to ensure that the evidence needed to prove your claim is preserved.
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