South Dakota Dog Bite Laws

Over the past decade, South Dakota has recorded a total of 243 cases of rabid animals in the state, with 25% being unvaccinated domestic pets. In terms of human rabies, the last documented instance happened in 1970.

However, with respect to substantial animal protection laws, South Dakota could do better; it ranked 40th among the states in 2023, according to the Animal Defense Legal Fund. Some of the relevant laws it lacks are felony provisions for offenses involving animal abuse and neglect and reporting mandates for veterinarians who suspect cruelty cases.

The Mount Rushmore State has no dog bite statute, which means it uses the combination of the one-bite rule and its negligence system to prove liability in dog bite cases. However, being unfamiliar with such legal concepts can lead to delays in reaching a settlement or even the invalidation of a case.

To that end, this article compiles the necessary information that dog owners and victims of dog bites need to navigate South Dakota’s legal system. It also answers questions such as, “What is the statute of limitations for dog bite cases?”, “How do you find a dog bite attorney?”, and “What should you do if you have a dog bite injury?”

Dog Owner Responsibilities in South Dakota

Individuals who own or possess a dog in South Dakota are required to obtain a pet license. The license validity period and requirement deadline depend on the ordinance in one’s city or town. For instance, Sioux Falls requires all dogs and cats to have a license that can be valid for either a year or three years.

In general, you are given the following options in order to obtain a pet license:

• Fill out the application form from the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service and submit it to your local animal control or licensing agency.

• Purchase a pet license from an authorized veterinary hospital.

• Purchase a pet license from an authorized animal shelter (such as the Humane Society of the Black Hills).

Afterward, wait for the agency, hospital, or animal shelter to issue a license tag, which must always be attached to your dog’s collar.

Note that county commissioners may also establish licensing fees for neutered and non-neutered dogs if one owns 10 or more pets within one household.

Rabies Vaccination

In general, South Dakotan dog owners must vaccinate their pets by three months old and must revaccinate them either annually or triannually. However, exact requirements for rabies vaccination are regulated and differ at the local municipality level, as there is no state mandate. For instance, the City of Brookings’ Code of Ordinances states that a certificate of rabies vaccination must be presented when applying for a dog license.

State visitors with pets must present a current rabies vaccination certification and a Certificate of Veterinary Inspection. However, animals staying in the state for 30 days or less are not subject to CVI requirements, provided they do not come from rabies-quarantined premises.

Various Requirements

Liability Standards in South Dakota Dog Bite Cases

South Dakota has no dog bite statute but follows the one-bite rule in both biting and attack incidents. This means a pet owner is only responsible for a victim’s injuries if they knew or should have reasonably known about their dog’s dangerous behavior.

However, victims of dog bites can pursue a case against the at-fault parties for negligence, provided they establish the following elements:

• The defendant had a duty of care to the plaintiff.

• The defendant failed to perform their duty of care.

• The plaintiff was directly harmed due to this failure.

Victims who are lawfully on the dog owner’s premises, such as delivery men, meter readers, and mailmen, have the right to file a dog bite claim. On the other hand, dog owners are not liable for incidents where the injured person was trespassing or committing an intentional tort on the premises. They are also not responsible for those who incurred injuries as a result of provoking the animal, which may be in the form of abusing, teasing, or assaulting it.

Owners of service dogs are not liable for a person’s injuries that result from distracting, harassing, or interfering with the animal if they are performing their duty and wearing a harness or control device.

In biting incidents where multiple dogs are involved, the respective owners of the dogs may be sued jointly for damages.

Statute of Limitations in South Dakota for Dog Bite Cases

In South Dakota, dog bite victims who obtain life-altering injuries are given three years from the incident date to file a claim against the liable parties. This timeframe is also referred to as the statute of limitations.

Moreover, the surviving family members of dog bite victims who have passed away have three years to bring a case. Meanwhile, minor victims have until their 19th birthday to pursue a lawsuit.

It is important to strictly follow these deadlines, as the judge assigned to one’s case may dismiss it after the statute of limitations expires. This may result in being disallowed to further sue the liable party and losing the legal opportunity to recover compensatory damages.

Civil Penalties for Dog Bites in South Dakota

In South Dakota, owners of vicious or dangerous dogs are liable for any injuries or damage a bite victim may sustain. They may be ordered to provide compensatory damages, ranging from present and future medical bills to physical therapy costs and rehabilitation expenses. They may also have to be liable for the victim’s lost wages, pain and suffering, and the victim’s family’s loss of consortium.

The state also awards punitive damages if a dog bite leads to wrongful death or if the defendant committed willful or wanton misconduct, like oppression or wrongful injury to animals. The court assesses if punitive damages should be imposed through the following factors:

• The harm was physical.

• The behavior displayed a reckless disregard for the safety of others.

• The victim has a financial vulnerability.

• The incident was isolated or involved repeated actions.

• The action was the result of intentional malice.

Criminal Penalties for Dog Bites in South Dakota

South Dakotans who own a dog that injures, chases, or kills poultry or domestic animals can face a class 2 misdemeanor charge. If found guilty, they must pay a fine of $500, face 30-day imprisonment in county jail, or do both.

A dog owner who fails to confine their pet after it attacks or bites someone may be charged with a class 1 misdemeanor. This is regardless of whether the dog in question has rabies or not.  If guilty, the dog owner may face one year of imprisonment in a county jail, a fine of $2,000, or both.

In addition, those who fail to comply with the order of caging, muzzling, or tying their pet can be found guilty of a class 1 misdemeanor.

Reporting and Handling Dog Bite Incidents

Victims of dog bites or attacks must immediately report the incident to the animal control agency where the pet owner resides or where the incident happened. The dog involved in the attack will be impounded by the Humane Society within 24 hours and be under observation for 10 days. 

If the dog shows signs of rabies, the animal control officer will notify the owner and immediately and humanely put down the pet. Victims must also contact the South Dakota Department of Health at 605-773-3737 for questions on human exposure.

However, if the impounded animal shows no signs of rabies after the quarantine period, the officer will then deliver the animal to its owner. The owner must pay the license and impound fees, as well as veterinarian costs if their pet is not previously vaccinated.

Individuals who sustain physical injuries, including minor ones, must observe the following precautionary steps:

• Seek immediate medical treatment.

• Report the incident to the local animal control agency.

• Collect documentary evidence, including proof of the injury and the incident scene.

• Obtain the contact information of the dog owner and witnesses, if applicable.

• Secure legal assistance from a dog bite attorney.

How To Find a Dog Bite Attorney in South Dakota

Hiring a dog bite attorney is beneficial for people planning to pursue a dog bite lawsuit. They can check online listings for vetted professionals whose licensing compliance and user reviews have been verified.

Attorneys can assist plaintiffs throughout their healing journey, from gathering documentary evidence, proving the defendant’s liability, and communicating with insurance agencies to seeking maximum compensation for their losses.

Other Resources for Dog Bite Victims in South Dakota

City of Sioux Falls Animal Control

Sioux Falls City’s Animal Control office promotes the safety of pets and local residents by supporting the city’s local ordinances. The office responds to various complaints, ranging from stray animals and leash law violations to animal abuse and dog bites and attacks. For animal-related reports, contact 605-367-7000 or visit Animal Control at the following address:

320 W. 4th St.
57104

The Pierre Police Department

The Pierre Police Department employs an animal control officer who is responsible for all animal-related issues within the city. The officer enforces local ordinances and responds to various complaints, including those involving animals at large and victims of animal abuse or neglect. For complaints, call 605-773-7407 or visit the office at the following location:

2301 Patron Parkway 
Pierre, SD 57501

Pennington County Commission

The Pennington County Commission focuses on the safety, health, and welfare of its residents. Its animal control officers handle Ordinance 4, which provides information on the licensing and control of animals within the county. They are responsible for enforcing the ordinance and investigating any related violations. Their other responsibilities include responding to dog bite or attack incidents and arranging for animal quarantine. They also adhere to the impound procedures of the Compendium of Animal Rabies Prevention and Control.