South Dakota Code § 20-9-27

Limits of state's liability
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Nothing in §§
20-9-24
to
20-9-28
, inclusive, limits in any way any liability which otherwise exists:
(1) For gross negligence or willful or wanton misconduct of the State of South Dakota, its agencies or employees; and
(2) For injury suffered in any case where the State of South Dakota, its agencies or employees, have violated a county or municipal ordinance or state law which violation is a proximate cause of the injury.

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