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★ South Dakota · fracture

Fracture settlements
in South Dakota.

By 9 min read

A 71 year old loading plywood at the Menards in Mitchell fell when a gust tipped an unsecured cart, suffered cervical fractures and became quadriplegic; the jury awarded $2,295,971.97 and the Supreme Court affirmed. A woman recovering from hip surgery in Milbank screamed when a chair footrest slammed shut during therapy, and an x ray showed a fractured femur; her claim against the therapy company was revived.

Facts that decide a fracture claim in South Dakota

Assumption of the riskA store was not entitled to an assumption of the risk instruction where its own employee loaded the cart that tipped.Jensen v. Menard, Inc. (S.D. 2018)
Lay testimony on causeA patient may describe how the fracture happened; summary judgment for the therapy company was reversed.Hanson v. Big Stone Therapies (S.D. 2018)
Claims against a public entityWritten notice of the time, place and cause of the injury must reach the public entity within 180 days, and the notice does not extend the deadline to sue.S.D. Codified Laws § 3-21-2
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. South Dakota's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in South Dakota. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ SD · reported fracture outcomes

What South Dakota courts have awarded.

Real South Dakota decisions and verdicts, each linked to the court record or official report.

  • Jensen v. Menard, Inc.
    South Dakota Supreme Court · 2018
    $2,295,971.97 verdict affirmed

    On August 1, 2012, a Menards employee in Mitchell loaded seven sheets of plywood, at least 300 pounds, on a single rail cart with no brakes. While Ronald Jensen, 71, helped load his pickup, a strong gust moved the cart, the plywood tipped, and he fell and struck his head. He had surgery for cervical fractures and was left quadriplegic. The jury awarded $2,295,971.97 to his wife and estate; affirmed.

  • Hanson v. Big Stone Therapies, Inc.
    South Dakota Supreme Court · 2018
    Claim against therapy company revived

    Anita Hanson had a right hip replacement in Watertown on September 8, 2014, and went to Milbank Hospital for rehabilitation. She said that during a September 14 session the footrest of a geriatric chair shut abruptly and she screamed in pain; an x ray the next morning showed a fractured femur. The court affirmed judgment for the hospital but reversed it for Big Stone Therapies.

★ SD · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in South Dakota.

  1. 1

    Write down who handled the equipment; in Jensen a store employee loaded the cart.

  2. 2

    Tell nurses exactly what happened, as Hanson did, so the chart records it.

  3. 3

    Against a city, county or state body, send written notice within 180 days.

★ SD · statute of limitations
3 years from date of injury

S.D. Codified Laws § 15-2-14

★ SD · fault rule
Slight versus gross negligence

Recovery is allowed only when the claimant's negligence was slight in comparison with the defendant's, and the award is then reduced; more than slight bars the claim (S.D. Codified Laws § 20-9-2).

★ SD · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in South Dakota.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How South Dakota's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
South Dakota · you are hereSlight versus gross negligence3 years from date of injury—
WisconsinModified comparative, 51% bar3 years from date of injuryWI · fracture →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
IndianaModified comparative, 51% bar2 years from date of injuryIN · fracture →
IowaModified comparative, 51% bar2 years from date of injuryIA · fracture →
KansasModified comparative, 50% bar2 years from date of injuryKS · fracture →
MichiganModified comparative, 51% bar3 years from date of injuryMI · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
TexasModified comparative, 51% bar2 years from date of injuryTX · fracture →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
VermontModified comparative, 51% bar3 years from date of injuryVT · fracture →
VirginiaPure contributory negligence2 years from date of injuryVA · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
★ SD · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of SD
South Dakota overview

Fault rule, statute, caps, and key facts for South Dakota as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for South Dakota's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in South Dakota. See /methodology, /sources, and /disclaimer.