Prior to filing a civil action alleging violation of an accessibility law, the alleged aggrieved party may notify the owner, agent, or other responsible party of the property where the alleged violation occurred by personal service, in accordance with applicable state or federal laws, or by certified mail, of alleged accessibility law violations for which an action may be filed by the alleged aggrieved party. If an alleged aggrieved party does not serve notice, the alleged aggrieved party is not entitled to attorney's fees upon the judgment of a civil action alleging violation of an accessibility law unless the trial court determines that attorney's fees are appropriate due to the nature of the violations, including their willfulness, duration, or severity.
For the purposes of this chapter, property includes any website owned and operated by an entity physically located in the state.
If an alleged aggrieved party serves notice in accordance with § 20-15-3, the alleged aggrieved party is precluded from filing such a civil action until one of the following occurs:
SDCL 20-15-2