## Who pays when a dog bites someone in South Dakota? Every state has a rule for when the owner of a biting dog has to pay for the injuries. The rules fall into three categories. ### South Dakota's rule **Common-law "one-bite" rule**. The owner is liable only if they KNEW or SHOULD HAVE KNOWN the dog was dangerous — usually because it had bitten or shown aggression before. Without that knowledge, the victim usually has to prove ordinary negligence to recover. ## What you typically have to prove In a one-bite state, the plaintiff has to prove the owner KNEW or SHOULD HAVE KNOWN the dog had a propensity for aggression — usually by: - Prior bite or attack on a person or animal - The dog growling, snapping, or lunging at people - The dog was bred or trained for guarding/aggression and known to be aggressive - A prior "dangerous dog" or "vicious dog" determination Without that showing, the case usually requires proving ordinary negligence — that the owner failed to take reasonable precautions. ## Common defenses - **Trespasser** — the victim was on the property without permission - **Provocation** — the victim hit, teased, or otherwise provoked the dog - **Comparative negligence** — the victim's own carelessness contributed to the bite - **Veterinarian / professional handler rule** — vets, groomers, and handlers assume some risk of being bitten - **Police / military dog exception** — dogs used in lawful law-enforcement activities ## What damages can be recovered - **Medical bills** — including future care for scars and reconstructive surgery - **Lost wages** — and lost earning capacity if injuries are permanent - **Pain and suffering** - **Disfigurement / scarring** — particularly significant for facial injuries to children - **Emotional distress / PTSD** — common in severe attacks - **Property damage** — torn clothes, damaged personal items ## Insurance is usually how this gets paid Most dog-bite claims are paid by the dog owner's homeowner's insurance or renter's insurance — not out of the owner's pocket. Some insurers exclude specific breeds (rottweilers, pit bulls, certain mixes) or refuse to insure dogs with prior bites. Check the policy. ## Reporting requirements Most South Dakota cities and counties require dog bites to be reported to the local health department or animal control within a short window — typically 24-72 hours — to start the rabies-observation process. Reporting also creates an official record that helps a later civil claim. ## Time limits Dog-bite claims are personal-injury claims and follow your state's general personal-injury statute of limitations (usually 2-3 years from the bite). Don't wait — evidence disappears quickly and witnesses move. ## What you should do If you've been bitten in South Dakota: get medical care immediately, take photos of the injuries, get the owner's name and insurance information, file a report with animal control, and call a personal-injury attorney before talking to anyone's insurance company. Most South Dakota dog-bite attorneys offer free consultations and work on contingency. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Dog-bite rules have edge cases and exceptions; talk to a licensed South Dakota attorney about your specific situation.*