South Dakota Dog Bite Settlement Calculator & Compensation

Understanding South Dakota’s Dog Bite Law

South Dakota doesn’t follow a “strict liability” rule like many other states. Instead, it applies what’s known as the “One-Bite” or Negligence Rule.
This means a dog owner is not automatically liable unless the victim can prove the owner:

• Knew or should have known the dog had aggressive tendencies, or
• Acted negligently, such as violating a leash law or failing to control the animal.

If the owner had no prior warning of the dog’s danger, recovery may be barred, meaning victims can’t claim damages. This is why owner negligence plays such a key role in settlement calculations.

The Role of Comparative Fault (SDCL § 20-9-2)

South Dakota also uses a “slight vs. gross” comparative negligence standard, commonly known as the 50% Bar Rule.
If the victim’s own behavior contributed to the attack, compensation can be reduced — or completely denied if their share of fault is 50% or higher.

Common fault scenarios include:

• Trespassing on private property
• Provoking the dog
• Ignoring warning signs or boundaries

The calculator automatically adjusts the estimated payout based on the victim’s fault percentage, ensuring realistic projections.

How the Dog Bite Settlement Calculator Works

The South Dakota Dog Bite Settlement Calculator combines state-specific laws with real-world injury metrics to provide a data-driven settlement estimate.
It evaluates five main categories:

1. Victim & Incident Details

This section considers:

• Age of the victim: Children and elderly victims often receive higher multipliers because their injuries tend to have lasting impact.
• Gender of the victim: Slight adjustments reflect emotional trauma tendencies.
• Incident location and provocation: Determines how much fault (if any) the victim bears — key under South Dakota’s 50% rule.

If the calculator finds that the victim’s fault is 50% or higher, or that the owner wasn’t negligent, it immediately issues a warning that recovery is barred under South Dakota law.

2. Owner Liability: The “One-Bite” Rule

The next section determines if the dog owner can legally be held responsible.
If the owner:

• Knew about prior aggression, or
• Violated local leash or restraint laws,
  the victim may proceed with a compensation claim. Otherwise, recovery is barred.

3. Injury Details: Severity & Lasting Impact

This section uses the Dunbar Bite Scale (a recognized veterinary scale for bite severity) and injury details such as:

• Bite depth and frequency
• Location on the body (face injuries rank highest)
• Permanent scarring or disability
• Emotional trauma or PTSD

Each variable increases the pain and suffering multiplier, resulting in higher non-economic damage estimates.

4. Economic Damages

This portion adds up all financial losses, including:

• Medical bills (past and future)
• Lost income and future earning capacity
• Property damage (like torn clothing or personal items)

These are the most concrete figures in a dog bite case and form the foundation for the settlement calculation.

5. Insurance Policy Limits

Even when the calculated damages are high, most dog bite settlements are limited by the homeowner’s insurance policy cap.
The calculator automatically checks this cap and displays both the pre-cap total and the capped payout, ensuring realistic estimates.

How Compensation is Estimated

The tool uses a simple formula behind the scenes:

Total Settlement = (Economic Damages + Pain & Suffering) – Fault Reductions

Then:

• If the victim’s fault ≥ 50%, no compensation is allowed.
• If there’s an insurance cap, the total is adjusted down to that amount.

Example Estimate

Let’s say:

• Medical expenses: $10,000
• Lost wages: $2,000
• Bite severity: Level 4 (deep punctures)
• Injury location: Face
• Owner negligent: Yes
• Victim fault: 25%

Estimated outcome:

• Economic damages: $12,000
• Pain and suffering (with multipliers): ~$60,000
• Total pre-fault: ~$72,000
• 25% fault reduction: -$18,000
• Final estimated settlement: ~$54,000

This is just an example — every case depends on unique facts, including local court tendencies and insurer behavior.

What the Calculator Can’t Do

While the calculator provides a strong ballpark estimate, it doesn’t account for:

• Attorney negotiation skill
• Jury sympathy or bias
• Long-term medical complications
• Punitive damages (rare but possible in cases of extreme negligence)

That’s why the disclaimer emphasizes: This is not legal advice. Consulting a qualified South Dakota personal injury attorney is essential for an accurate case valuation.

Why Use This Calculator?

Fast, free, and easy to use
Based on South Dakota’s unique fault and negligence laws
Includes medical, psychological, and situational factors
Helps you prepare for insurance negotiations or attorney consultations

It’s a smart first step for anyone looking to understand what their claim might be worth before taking formal legal action.