S.D. Codified Laws » S.D. Codified Laws / Title 32 / Chapter 31
South Dakota Codified Laws

S.D. Codified Laws § 32-31-5 (2026)

Duty of operator to use care--Liability for recklessness.

✓ current as of May 2026
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32-31-5. Duty of operator to use care--Liability for recklessness.

The provisions of this chapter shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

Source: SDC 1939, § 44.0320 as added by SL 1959, ch 252, § 1; SL 1963, ch 254; SL 1967, ch 191.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1981–2024 · leading case: State v. Seidschlaw, 304 N.W.2d 102 (S.D. 1981).
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State v. Seidschlaw, 304 N.W.2d 102 (S.D. 1981). · cites it 2× “Here *108 the acts of these officers has brought them to the very edge of this precipice of rationality and may even have plunged them over that edge.”
Schaub Ex Rel. Schaub v. Moerke, 338 N.W.2d 109 (S.D. 1983). · cites it 2× “SDCL 32-31-5 provides: The provisions of this chapter shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless…”
Certification of a Question of Law, 2010 SD 16 (S.D. 2010). · cites it 2× “Additionally, SDCL 32-31-5 requires the operator of an emergency vehicle to drive "with due regard for *165 the safety of all persons" and provides that the provisions of SDCL ch.”
Gronseth v. Chester Rural Fire Prot. Dist., 779 N.W.2d 158 (S.D. 2010). · cites it 2× “…ch. 32-31 does not "protect the driver from the consequences of his reckless disregard for the safety of others.” See SDCL 32-31-5.”
Tony Woolfolk v. St. Louis Cnty. (Mo. Ct. App. 2024). “§ 56-5-760 (South Carolina); S.D. Codified Laws § 32-31-5 (South Dakota); Tenn.”
Lauren Neil v. St. Louis Cnty. (Mo. Ct. App. 2024). “§ 56-5-760 (South Carolina); S.D. Codified Laws § 32-31-5 (South Dakota); Tenn.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.