{"id":"DUT-SD-010","kind":"duty","level":"state","jurisdiction":"South Dakota","state":"SD","metro":"","industry":"","agency":"","eco":"","issuer":"South Dakota Legislature (codified statute)","authority":"S.D. Codified Laws title 60 (Labor and Employment), ch. 60-2 (Obligations of Employer and Employee)","instrument":"SDCL 60-2-1 and 60-2-3, Indemnification of employee by employer; employer to indemnify for own negligence","title":"Employer\u0027s obligation to indemnify employees for losses caused by the employer\u0027s want of ordinary care","dateIssued":"2026-09-29","effective":"standing","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers"],"clause":"An employer shall in all cases indemnify an employee for losses caused by the employer\u0027s want of ordinary care.","enforcement":"Civil indemnity to the employee; read with SDCL 20-9-1 (Ex. DUT-SD-011) and, for exposure claims from Jan. 1, 2020, the intent-based bar of SDCL 21-68-2 and -3 (Ex. DUT-SD-013)","functions":[],"notes":"Every South Dakota employer owes every employee ordinary care and must make good \u0027in all cases\u0027 the losses its want of ordinary care causes (60-2-3), a standing civil duty whose content in 2020 and 2021 was fixed by the governmental directives on distancing, sanitation, screening and exclusion of the ill that defined what care was ordinary in a workplace during the pandemic.","sourceUrl":"https://sdlegislature.gov/api/Statutes/60-2.html?all=true","snapshot":"","fileExists":true,"fileBytes":144364,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-SD","url":"/library/DUT-SD-010","exhibitUrl":"/exhibit/DUT-SD-010","citation":"South Dakota Legislature (codified statute), SDCL 60-2-1 and 60-2-3, Indemnification of employee by employer; employer to indemnify for own negligence (standing) (Ex. DUT-SD-010)","stateName":"South Dakota","related":["DUT-SD-012","DUT-SD-013","DUT-SD-011","DUT-SD-005","DUT-SD-007","DUT-SD-017"]}