South Dakota Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the power plants of Sioux Falls to the mining operations of the Black Hills and agricultural facilities throughout the Mount Rushmore State, South Dakota's industrial heritage created asbestos exposure across America's heartland. Our comprehensive database documents 175 asbestos exposure sites across 49 South Dakota communities—from the Pathfinder Nuclear Generating Station to cement plants, grain elevators, and manufacturing facilities that powered the state's economy.

South Dakota offers unique legal considerations for mesothelioma families. The state follows a discovery rule that protects victims of diseases with long latency periods, has no statutory caps on noneconomic damages, but applies an unusual "slight versus gross" comparative fault system that requires careful legal strategy. South Dakota's courts consistently recognize both workplace exposure and punitive damage claims.

Time is critical. South Dakota's three-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both South Dakota's diverse industrial legacy and its unique legal framework.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

South Dakota Asbestos Law Summary

South Dakota Asbestos Law Details

South Dakota asbestos lawsuits are governed by a three-year statute of limitations, a “slight/gross” comparative fault system, and a modified joint liability rule that can limit recoveries in multi-defendant cases. The state allows both wrongful death and survival actions and does not impose caps on compensatory or punitive damages. While South Dakota hasn’t formally adopted Daubert, it requires expert testimony to be grounded in professional standards and widely accepted practice. With no statute of repose, claimants can pursue justice even decades after exposure—a critical feature in mesothelioma cases with long latency periods.

Statutes of Limitation and Repose

In South Dakota, asbestos-related personal injury and wrongful death claims must generally be filed within three years from the date the plaintiff knew or should have known of the injury and its cause (S.D. Codified Laws §§ 15-2-14(3), 21-5-3). This discovery rule is critical in mesothelioma cases, where the disease often appears decades after exposure.

• Personal Injury: The clock starts when the plaintiff discovers (or reasonably should have discovered) the link between their condition and asbestos exposure.

• Wrongful Death: Must be filed within three years of death (S.D. Codified Laws § 21-5-3), though courts may consider when the asbestos connection became known.

South Dakota does not have a general statute of repose, meaning there is no hard cutoff based on when the asbestos product was sold, installed, or used. This allows older claims to proceed if they fall within the discovery-based limitations period.

Eligibility to Sue

Anyone diagnosed with mesothelioma or another asbestos-related disease can file a personal injury lawsuit. After death, a wrongful death claim may be filed by the personal representative for the benefit of the decedent’s spouse, children, or other statutory beneficiaries (S.D. Codified Laws § 21-5-5).

A separate survival action may be brought by the estate to recover for damages the decedent suffered prior to death, including pain and suffering, medical expenses, and lost wages (S.D. Codified Laws § 21-4-1).

Workers’ Compensation Limitations

South Dakota’s Workers’ Compensation Act generally bars lawsuits against employers for workplace injuries (S.D. Codified Laws § 62-3-2). However:

• Long-latency diseases like mesothelioma may fall outside the Act’s scope if the illness did not arise in the course of covered employment.

• Lawsuits against third parties such as manufacturers, contractors, or property owners are allowed, and compensation insurers may assert subrogation rights (S.D. Codified Laws § 62-4-38).

South Dakota law recognizes intentional tort exceptions to the exclusive remedy rule, but these cases are very difficult to prove and win.

Damages and Caps

Economic Damages: Fully recoverable. Includes medical bills, lost earnings, future care, and household services. South Dakota imposes no cap on economic damages.

Noneconomic Damages: There is no statutory cap in asbestos or personal injury cases. Pain and suffering, emotional distress, and loss of enjoyment of life are fully recoverable.

Loss of Consortium: Permitted for spouses and, in some cases, minor children.

Punitive Damages: Allowed where there is clear and convincing evidence of willful, wanton, or malicious conduct (S.D. Codified Laws § 21-1-4.1).

• Must be requested by motion and approved by the court before being submitted to the jury.

• There is no cap on punitive damages in asbestos-related cases.

Comparative Fault and Joint Liability

South Dakota uses a unique “slight/gross” comparative fault system (S.D. Codified Laws § 20-9-2):

• A plaintiff can recover only if their fault is “slight” compared to the defendant’s.

• If the plaintiff’s negligence is more than slight, recovery is barred.

• Courts have not precisely defined “slight,” leaving it to the jury in most cases.

South Dakota applies modified joint and several liability:

• Defendants are jointly liable only for economic damages and only if their fault exceeds a certain threshold (S.D. Codified Laws § 15-8-11.1).

• If a defendant is less than 50% at fault, they are only responsible for their proportional share of the damages.

• Noneconomic damages are apportioned severally, based on each party’s share of fault.

This can significantly affect recoveries in multi-defendant asbestos cases—particularly when one or more parties are bankrupt or immune.

Collateral Source Rule

South Dakota modifies the traditional collateral source rule. In most personal injury cases, defendants may introduce evidence that the plaintiff received payments from insurance, Medicare, or other sources to reduce damage awards (S.D. Codified Laws § 21-3-12).

However, this reduction does not apply if the benefits came from a source that has a right of subrogation, such as certain ERISA plans or third-party payers.

Standards of Proof and Causation

To succeed in an asbestos case, the plaintiff must prove the defendant’s product was a substantial factor in causing the disease. South Dakota courts require:

• Specific identification of the defendant’s asbestos-containing product,

• Evidence of the frequency, proximity, and duration of exposure, and

• Medical expert testimony linking that exposure to the diagnosis.

Expert Testimony: South Dakota has not formally adopted Daubert, but courts apply a “reliability and helpfulness” test under Rule 702 of the South Dakota Rules of Evidence.

• The expert must be qualified, the testimony must assist the jury, and it must be grounded in professional standards.

• See State v. Hofer, 512 N.W.2d 482 (S.D. 1994).

Wrongful Death and Survival Actions

South Dakota recognizes both wrongful death and survival actions:

• Wrongful Death: Filed by the personal representative for the benefit of surviving family members. Recoverable damages include loss of support, companionship, and funeral expenses (S.D. Codified Laws § 21-5-5).

• Survival Actions: Belong to the estate and allow recovery for medical costs, pain and suffering, and lost income incurred before death (S.D. Codified Laws § 21-4-1).

Punitive damages may be awarded in either type of claim when justified by the facts.

How South Dakota’s Laws Work in Practice

Meet Evelyn, a 73-year-old retired grain elevator operator from Sioux Falls. From the late 1960s through the 1980s, she worked around machinery and insulation that frequently contained asbestos. In June 2024, Evelyn was diagnosed with pleural mesothelioma after months of shortness of breath and chest pain.

Because South Dakota uses the discovery rule, Evelyn’s three-year statute of limitations began in June 2024—when she first learned that her illness was likely caused by past asbestos exposure. She has until June 2027 to file a personal injury lawsuit (S.D. Codified Laws § 15-2-14(3)).

If Evelyn passes away before filing, her estate can still pursue compensation through both a wrongful death claim (on behalf of her family) and a survival action (for the harm she suffered before death). Both must be filed within three years of the relevant dates, and both allow recovery of economic and noneconomic damages.

If multiple companies contributed to Evelyn’s asbestos exposure, the state's modified joint liability rule comes into play. Each defendant is only fully responsible for economic damages if they are found to be more than 50% at fault (S.D. Codified Laws § 15-8-11.1). Otherwise, each defendant is only liable for their proportional share. Noneconomic damages, such as pain and suffering, are always split based on each party’s degree of fault.

Evelyn may also face South Dakota’s unusual “slight/gross” comparative fault system. She can only recover damages if her own fault is deemed “slight” in comparison to the defendants’. If a jury finds her equally or more at fault—however defined—she could be barred from recovering any compensation (S.D. Codified Laws § 20-9-2).

If Evelyn proves that the defendants acted with willful or reckless disregard for safety, she may be entitled to punitive damages. South Dakota requires plaintiffs to first get court approval before seeking punitive damages at trial, but there is no cap on the amount once allowed (S.D. Codified Laws § 21-1-4.1).

To establish her case, Evelyn’s attorneys must present expert testimony showing that specific asbestos products she worked around contributed to her illness. South Dakota has not formally adopted Daubert but requires that expert opinions be reliable, professionally grounded, and helpful to the jury (see State v. Hofer, 512 N.W.2d 482).

This is a hypothetical example based on real South Dakota laws. Every case is unique. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how South Dakota law may apply to your situation.

Why Choose Our Firm to Handle Your Family's South Dakota Mesothelioma Case?

Our proprietary database contains detailed records of 175 asbestos exposure sites across 49 South Dakota communities—from power plants and nuclear facilities to mining operations and agricultural facilities throughout the state. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your South Dakota family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

South Dakota Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your South Dakota family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our South Dakota database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from the Pathfinder Nuclear Plant to cement operations and agricultural facilities.

For example, if you worked at facilities where our database shows Flexitallic products were installed—which we've documented at numerous South Dakota power plants, industrial facilities, and agricultural sites—we can file your Flexitallic trust claim immediately. While other firms would spend months investigating whether Flexitallic products were present at your workplace, we've already done that detective work. We can potentially recover $50,000 to $150,000 for mesothelioma cases depending on exposure level and diagnosis.

Asbestos Lawsuits

You can hold companies accountable through South Dakota's legal system. Our database strengthens your case with documented evidence and court precedents from South Dakota worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like power plants and industrial complexes throughout the state.

Our database contains detailed records from South Dakota's unique industrial sites, including testimony about which defendants' products were used in power generation, mining operations, and agricultural processing. This gives us crucial evidence about product failures and safety violations specific to South Dakota's diverse industrial environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. South Dakota's military history, including Ellsworth Air Force Base, means many residents have potential VA claims from military service or work on defense projects.

Our military records are especially valuable for veterans who served at South Dakota's military facilities or worked on defense projects throughout the state, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your South Dakota Mesothelioma Case?

Whether you were exposed to asbestos at the Pathfinder Nuclear Plant, Sioux Falls' John Morrell facility, Rapid City's cement operations, Ellsworth Air Force Base, or any of South Dakota's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in South Dakota:

• Three-year filing deadline from diagnosis under South Dakota's discovery rule

• Multiple trust claims may be available beyond your lawsuit

• No caps on noneconomic damages in South Dakota

• Unique "slight versus gross" comparative fault system requires expert legal strategy

What We'll Do for Your South Dakota Family:

• Free case evaluation to determine all available compensation sources

• Immediate trust claim filings using our proprietary database of South Dakota exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic navigation of South Dakota's unique "slight versus gross" fault system to maximize recovery

• Expert handling of workers' compensation issues and nuclear/power plant facility exposure claims recognized in South Dakota

Get started today. Our South Dakota mesothelioma team understands the unique industrial legacy of the Mount Rushmore State and is ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS