S.D. Codified Laws § 19-19-407

Current with legislation signed by the governor on or before 3/6/2024

Section 19-19-407 - Subsequent remedial measures

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:

(1) Negligence;

(2) Culpable conduct;

(3) A defect in a product or its design; or

(4) A need for a warning or instruction.

But the court may admit this evidence for another purpose, such as impeachment or--if disputed--proving ownership, control, or the feasibility of precautionary measures.

SDCL 19-19-407

SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 407); SDCL § 19-12-9; SL 2016, ch 239 (Supreme Court Rule 15-29), eff. Jan. 1, 2016.

SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 407); SDCL § 19-12-9.