20-9-9. Product's dealers and sellers immune from strict liability except for manufacturers or those who knew of defect--Other causes of action against seller not limited.
No cause of action based on the doctrine of strict liability in tort may be asserted or maintained against any distributor, wholesaler, dealer, or retail seller of a product which is alleged to contain or possess a latent defective condition unreasonably dangerous to the buyer, user, or consumer unless said distributor, wholesaler, dealer, or retail seller is also the manufacturer or assembler of said product or the maker of a component part of the final product, or unless said dealer, wholesaler, or retail seller knew, or, in the exercise of ordinary care, should have known, of the defective condition of the final product. Nothing in this section shall be construed to limit any other cause of action from being brought against any seller of a product.
Source: SL 1979, ch 155, §2.
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Chapter 09 - Liability For Torts
Section 20-9-1 - Responsibility for injury by willful act or negligence--Contributory negligence.
Section 20-9-1.1 - Loss of chance doctrine abrogated.
Section 20-9-1.2 - Other rules and principles not affected.
Section 20-9-2 - Comparative negligence--Reduction of damages.
Section 20-9-3 - Licensed medical practitioners immune from liability for emergency care.
Section 20-9-4.1 - Immunity from liability for emergency care--Exception.
Section 20-9-4.3 - Definition of terms.
Section 20-9-4.4 - Civil immunity for emergency use or nonuse of AED.
Section 20-9-4.6 - AED trainer immunity.
Section 20-9-4.8 - Immunity inapplicable in event of negligence or misconduct.
Section 20-9-6 - Right to protection from bodily harm, insult, or injury to personal relations.
Section 20-9-6.1 - Claim of barratry.
Section 20-9-7 - Abduction, enticement and seduction forbidden by rights of personal relation.
Section 20-9-10.1 - State of the art defense in product liability actions.
Section 20-9-11.1 - Trespasser defined.
Section 20-9-12 - Definition of terms.
Section 20-9-18 - Doctrine of attractive nuisance not affected.
Section 20-9-19 - Definition of terms as to political subdivisions.
Section 20-9-22 - Limits of political subdivision's liability.
Section 20-9-23 - Effect of §§20-9-19 to 20-9-23 on attractive nuisance or other legal doctrines.
Section 20-9-24 - Definition of terms as to state.
Section 20-9-27 - Limits of state's liability.
Section 20-9-28 - Effect of §§20-9-24 to 20-9-28 on attractive nuisance or other legal doctrines.
Section 20-9-29 - Definitions.
Section 20-9-30 - Livestock owners--Control by another person.
Section 20-9-31 - Livestock--Contract--Facilities.
Section 20-9-32 - Civil cause of action for malicious intimidation or harassment--Damages.
Section 20-9-33 - Civil liability for counterfeit lien.
Section 20-9-34 - Civil liability for harassment by threat of fraudulent legal proceedings or liens.
Section 20-9-35 - Civil liability for impersonating a judicial official.
Section 20-9-36 - Definitions related to asbestos claims.
Section 20-9-37 - Asbestos claim defined.
Section 20-9-38 - Successor asbestos-related liabilities defined.
Section 20-9-39 - Limitation on cumulative successor asbestos-related liabilities.
Section 20-9-40 - Limitation where transferor assumed or incurred liabilities of prior transferor.
Section 20-9-41 - Total gross assets defined--Determination of fair market value.
Section 20-9-42 - Adjustment of fair market value of total gross assets.
Section 20-9-43 - Exclusions from limitation on cumulative successor asbestos-related liabilities.
Section 20-9-46 - Wrongful human trafficking.
Section 20-9-47 - Definitions pertaining to fishing tournaments.
Section 20-9-48 - Limited liability of fishing tournament sponsors.
Section 20-9-50 - Fishing professionals and tournament sponsors liable for warranty and trespass.
Section 20-9-53 - Definitions.
Section 20-9-54 - Liability for riot and incitement to riot.
Section 20-9-55 - Jurisdiction--Evidence--Procedure.