South Dakota Code § 49-47-8

Negligence claims only permitted
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Any claim against an electric utility for damages due to stray current or voltage is limited to a claim of negligence, including in the case of a prior determination of the commission pursuant to §
49-47-4
or
49-47-5
, negligence per se. In determining whether the utility was negligent, the utility's conduct shall be judged using the commission rules.

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