What are the laws governing spinal injury liability?

In South Dakota, laws governing spinal injury liability depend on the cause of the injury and the situation in which it occurred. Generally, when a person suffers a spinal injury as a result of someone else’s negligence or with malice intent, the responsible party may be liable for damages in civil court. This means the responsible party may owe financial compensation to the injured person for medical costs, pain and suffering, and lost wages due to missed work. In cases of medical malpractice, the injured person must prove that the responsible health care provider failed to provide the standard of medical care expected of them. Negligence may involve an incorrect diagnosis, failure to advise a patient of risks, or a medical error during surgery or treatment. In cases of negligence, such as a vehicle accident or slip and fall, the responsible person must have been negligent in their duty of care to another person in order to be liable for damages. A jury may consider the level of hazard posed by an object or environment, the time it took to remove the hazard, and the severity of the injury in determining liability. Finally, if a spinal injury was sustained as a result of intentional harm, the responsible party may be liable for damages in criminal court as well as civil court. Civil damages may include medical costs, pain and suffering, and lost wages, while criminal liability may result in a jail sentence, probation, or restitution.

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What are the laws governing spinal injury liability?

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