S.D. Codified Laws § 20-15-2

Current through the 2024 Legislative Session

Section 20-15-2 - Notice-Civil Action

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:

(1) The alleged aggrieved party receives a response as described in § 20-15-4 and the property owner, agent, or other responsible party of the property fails to make the improvements or bring the property into compliance with accessibility laws and fails to provide a reasonable explanation for the failure within thirty days as required by § 20-15-4;

(2) The alleged aggrieved party receives a response as described in § 20-15-4;

(3) The alleged aggrieved party receives a response as described in § 20-15-4, but the alleged aggrieved party reasonably believes that the alleged violations continue to exist; or

(4) The property owner, agent, or other responsible party of the property fails to respond to the notice within fifteen business days as required by § 20-15-4.

SDCL 20-15-2

SL 2020, ch 72, § 2.

Added by S.L. 2020, ch. 72,s. 2, eff. 7/1/2020.