South Dakota Injuries

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Glossary

covenant not to compete

Think of it like handing over the keys to a pickup but being told you can't drive another one in the same town for a while. A covenant not to compete is a contract clause that limits where, when, or how someone can work for or start a competing business after leaving a job, selling a business, or ending a partnership. The whole point is to stop someone from taking customers, trade secrets, or inside know-how straight to a rival. Whether it holds up depends on state law and how broad the restriction is.

Here's the raw truth: a lot of these clauses are written to scare people more than to survive a courtroom. In South Dakota, most restraints on someone's trade or profession are void under South Dakota Codified Laws § 53-9-8 (2024). The main exceptions are tied to the sale of a business's goodwill and certain partnership breakups under §§ 53-9-9 and 53-9-10 (2024).

That matters in real claims because a noncompete can affect lost-income arguments, future earning capacity, and business valuation. If someone is injured and can't return to one job, the defense may argue they could work elsewhere. A valid restriction can narrow that option; an invalid one usually shouldn't. In a breach of contract fight, it can also trigger claims for injunction, damages, or a negotiated settlement fast.

by Janet Stensland on 2026-03-24

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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