49-47-8. Negligence claims only permitted.
Any claim against an electric utility for damages due to stray current or voltage is limited to a claim of negligence, including in the case of a prior determination of the commission pursuant to §49-47-4 or 49-47-5, negligence per se. In determining whether the utility was negligent, the utility's conduct shall be judged using the commission rules.
Source: SL 2015, ch 237, §8.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 47 - Stray Electrical Current And Voltage Remediation
Section 49-47-1 - Definitions.
Section 49-47-2 - Promulgation of rules.
Section 49-47-4 - Complaint of failure to comply with chapter--Decision by commission.
Section 49-47-5 - Bad faith or harassment claims.
Section 49-47-6 - Civil actions.