South Dakota Statute of Limitations for Property Damage
In South Dakota, the statute of limitations for property damage is 6 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 6 years from accrual.
- Statute: S.D. Codified Laws § 15-2-13.
- Accrues when damage occurs.
What are property damage claims?
Claims for damage to real or personal property.
Details
Accrues when damage occurs.
General South Dakota Rules
South Dakota provides 6 years for contract and property claims, and 3 years for personal injury. Medical malpractice has a shorter 2-year period. The discovery rule applies to medical malpractice and fraud claims.
Other Statutes of Limitations in South Dakota
Property Damage in Other States
Frequently Asked Questions
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What is the statute of limitations for property damage in South Dakota?
The statute of limitations for property damage in South Dakota is 6 years. Citation: S.D. Codified Laws § 15-2-13.
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When does the clock start for property damage in South Dakota?
Accrues when damage occurs.
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Can the statute of limitations for property damage be extended in South Dakota?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.