15-2A-5. Injuries occurring in tenth year.
Notwithstanding the provisions of §15-2A-3, in the case of such an injury to property or the person or such an injury causing death, which injury occurred during the tenth year after the substantial completion of such construction, an action to recover damages for such an injury or death may be brought within one year after the date on which such injury occurred, irrespective of the date of death; but in no event may such an action be brought more than eleven years after the substantial completion of construction of such an improvement.
Source: SL 1985, ch 156, §5.
Structure South Dakota Codified Laws
Chapter 02A - Limitation Of Actions For Construction Deficiencies
Section 15-2A-1 - Legislative findings--Ten-year limitation--Exceptions.
Section 15-2A-2 - Legislative intent.
Section 15-2A-3 - Time for bringing action--Date of substantial completion.
Section 15-2A-4 - Persons in control of improvement may not assert limitation.
Section 15-2A-5 - Injuries occurring in tenth year.
Section 15-2A-6 - Periods otherwise prescribed not extended--Cause of action not created.
Section 15-2A-7 - Persons guilty of fraud or willful misconduct may not assert limitation.
Section 15-2A-8 - Express warranty or guaranty.