Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL 20-9-10.1
0.0K chars
Source: SL 2011, ch 113 , § 11.
SDCL § 21-63-1 Definition of terms
2.4K chars
Terms used in this chapter mean: (1) "Aviation product," any product or component designed, manufactured, fabricated, assembled, produced, or constructed for aviation purposes, including aircraft, parts produced primarily for use in aircraft, aviation navigation aids, aircraft in…
SDCL § 21-63-10 Duty to warn or instruct
1.2K chars
In any aviation product liability claim, any duty on the part of the aviation product seller to warn or protect against a danger or hazard which could or did arise in the use or misuse of such aviation product and any duty to have properly instructed in the use of such aviation p…
SDCL § 21-63-11 Sections 20-9-10 and 20-9-10.1 unaffected
0.2K chars
No provision contained within this chapter abrogates or limits protections afforded aviation product manufacturers, sellers, or assemblers contained in §§ 20-9-10 and
SDCL § 21-63-12 Evidence of advancements, changes, or subsequent measures
1.3K chars
In an aviation product liability claim, the following evidence is not admissible for any purpose: (1) Evidence of any advancements or changes in technical or other knowledge or techniques; in design theory or philosophy; in manufacturing or testing knowledge; in techniques or pro…
SDCL § 21-63-2 No product liability beyond useful safe life
0.4K chars
Except as provided in § 21-63-4 , no aviation product seller is liable in an aviation product liability claim if the product seller proves by a preponderance of the evidence that the harm was caused after the aviation product's useful safe life had expired. Useful safe life begin…
SDCL § 21-63-3 Factors in determining useful safe life
0.9K chars
Factors to be considered in determining whether an aviation product's useful safe life has expired include: (1) The amount of wear and tear to which the aviation product had been subject; (2) The effect of deterioration from natural causes and from climate and other conditions un…
SDCL § 21-63-4 Express warranty beyond useful safe life
0.3K chars
An aviation product seller may be subject to liability for harm caused by an aviation product used beyond the product's useful safe life to the extent that the aviation product seller has expressly warranted the aviation product for a longer period. Source: SL 2011, ch 113 , § 4.
SDCL § 21-63-5 Time for bringing aviation product liability claim--Indemnity
0.5K chars
The provisions of § 15-2-12.2 notwithstanding, any claim that involves harm caused more than ten years after the time of delivery is barred regardless of the date the defect or harm is discovered or the disability or minority of the person harmed. Nothing contained in this sectio…
SDCL § 21-63-6 Product in compliance with legislative or administrative regulatory safety standards
0.4K chars
If the injury-causing aspect of the aviation product was, at the time of manufacture, in compliance with legislative or administrative regulatory safety standards relating to design or performance, the aviation product is deemed not defective by reason of design or performance. I…
SDCL § 21-63-7 Product not in compliance with legislative or administrative regulatory safety standards
0.4K chars
If the injury-causing aspect of the aviation product was not, at the time of manufacture, in compliance with legislative or administrative regulatory safety standards relating to design, performance, warnings, or instructions, no presumption exists and the burdens of proof applic…
SDCL § 21-63-8 Product in compliance with mandatory government contract specification
0.4K chars
If the injury-causing aspect of the aviation product was, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, this is an absolute defense and the aviation product is deemed not defective for that reason. If the specific…
SDCL § 21-63-9 Product not in compliance with mandatory government contract specification
0.5K chars
If the injury-causing aspect of the aviation product was not, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, or if the specification related to warnings or instructions that were not in compliance with a mandatory …