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Special Notice Required

When bringing a claim against State, County, municipal, School and other governmental entities, a notice of intent to bring a claim must be given to the proper government entities within 180 days of the incident under South Dakota Codified Law 3-21-2, which states:

3-21-2. Notice prerequisite to action for damages — Time limit

No action for the recovery of damages for personal injury, property damage, error, or omission of death caused by a public entity or its employees may be maintained against the public entity or its employees unless written notice of the time, place, and cause of injury is given to the public entity as provided by this chapter within one hundred eighty days after the injury.

This notice requirement is a separate and distinct requirement which must be met independently from complying with the applicable statute of limitations setting forth the time period in which to bring a claim. The written notice must contain certain specific information. Failure to give the proper notice to the proper government official will result in your personal injury claim being barred under state law.

South Dakota Codified Law 3-21-3 sets forth the persons to whom notice must be given:

3. Persons to whom notice must be given

Notice shall be given to the following officers as applicable:

  1. In the case of the State of South Dakota, to the attorney general and the commissioner of administration;
  2. In the case of a county, to the county auditor;
  3. In the case of a municipality, to the mayor or city finance officer;
  4. In the case of a school district, to the superintendent of schools;
  5. In the case of other public entities, to the chief executive officer or secretary of the governing board.

Moore·Faust Injury Law Group have handled numerous injury claims where public entities, such as the state, county, city, school, or other public entity was negligent.

If you should have questions concerning your claim against a public entity, call Moore·Faust Injury Law Group for a free consultation. Make sure you know the legal requirements you must meet in bringing a claim.


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