South Dakota Codified Laws 62-3-2. Rights and remedies of employees limited
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The rights and remedies granted to an employee subject to this title, on account of personal injury or death arising out of and in the course of employment, shall exclude all other rights and remedies of the employee, the employee’s personal representatives, dependents, or next of kin, on account of such injury or death against the employer or any employee, partner, officer, or director of the employer, except rights and remedies arising from intentional tort.
Terms Used In South Dakota Codified Laws 62-3-2
- employer: includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. See South Dakota Codified Laws 62-1-2
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Source: SL 1917, ch 376, § 5; RC 1919, § 9440; SDC 1939, § 64.0104; SL 1977, ch 422; SL 1978, ch 370, § 2; SL 2008, ch 278, § 5.