This form is a general answer for use by a defendant in an action for personal injury.
South Dakota General Personal Injury Answer
State:
Multi-State
Control #:
US-PI-0021
Format:
Word;
Rich Text
Instant download
Description
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How to fill out General Personal Injury Answer?
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FAQ
Some observers have long been uncomfortable with the rule that there is no duty to assist others in need. The California Supreme Court has called the rule ?morally questionable.? One legal commentator has said the law simply does not ?recognize the moral obligation of common decency and common humanity.?
A total of have 13 states have Bad Samaritan laws; California, Washington, Alaska, Massachusetts, Rhode Island, Florida, Vermont, Wisconsin, Hawaii, Colorado, Ohio, Texas, and Minnesota.
After such service of the complaint, the defendant has thirty days to answer or otherwise proceed against the complaint.
Statutes typically don't protect a person who provides care, advice or assistance in a willfully negligent or reckless manner. However, like any type of legislation, Good Samaritan laws are interpreted in court and the results may not benefit the bystander.
A person who uses or threatens to use deadly force in ance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be.
Under the South Dakota statute of limitations for personal injury, you have three years from the date of the accident to file your lawsuit. While there are some exceptions (such as when you need to sue a government entity), that's the rule for most injury claims.
No peace officer, conservation officer, member of any fire department, police department and their first aid, rescue or emergency squad, or any citizen acting as such as a volunteer, or any other person is liable for any civil damages as a result of their acts of commission or omission arising out of and in the course ...
20-9-1. Responsibility for injury by willful act or negligence--Contributory negligence. Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence.