21-63-3. Factors in determining useful safe life.
Factors to be considered in determining whether an aviation product's useful safe life has expired include:
(1)The amount of wear and tear to which the aviation product had been subject;
(2)The effect of deterioration from natural causes and from climate and other conditions under which the aviation product was used or stored;
(3)The normal practices of the user, similar users, and the aviation product seller with respect to the circumstances, frequency, and purposes of the product's use, and with respect to repairs, renewals, and replacements;
(4)Any representations, instructions, or warnings made by the aviation product seller concerning proper maintenance, storage, and use of the product or the expected useful safe life of the product; and
(5)Any modification or alteration of the aviation product by a user or third party.
Source: SL 2011, ch 113, ยง3.
Structure South Dakota Codified Laws
Chapter 63 - Aviation Product Liability
Section 21-63-1 - Definition of terms.
Section 21-63-2 - No product liability beyond useful safe life.
Section 21-63-3 - Factors in determining useful safe life.
Section 21-63-4 - Express warranty beyond useful safe life.
Section 21-63-5 - Time for bringing aviation product liability claim--Indemnity.
Section 21-63-8 - Product in compliance with mandatory government contract specification.
Section 21-63-9 - Product not in compliance with mandatory government contract specification.
Section 21-63-10 - Duty to warn or instruct.
Section 21-63-11 - Sections 20-9-10 and 20-9-10.1 unaffected.
Section 21-63-12 - Evidence of advancements, changes, or subsequent measures.