South Dakota Injuries

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Glossary

indemnification clause

Wondering who has to pay if a deal goes bad and someone ends up owing money, facing a lawsuit, or covering a loss? An indemnification clause is a part of a contract that says one party will protect another from certain costs, claims, or liability. Depending on the wording, it may require payment for damages, attorney's fees, settlements, or losses tied to a specific event, product, service, or mistake. Some clauses are narrow; others are broad enough to shift major financial risk from one side to the other.

In practice, the exact language matters a lot. A business may agree to indemnify a landlord, contractor, supplier, or customer for claims connected to its work. If the clause is poorly written, a party can end up paying for losses it did not expect, including claims caused partly by someone else's negligence. That can shape how contracts are priced, whether insurance coverage is enough, and who gets blamed when an accident happens.

For an injury claim, an indemnification clause can affect who ultimately pays after someone is hurt on a job site, in a store, or during a delivery. Even if an injured person sues only one defendant, that defendant may try to shift the loss through indemnity or breach of contract arguments. In South Dakota, construction-related indemnity promises may be limited by state law, so the contract and the setting both matter.

by Karen Olson on 2026-03-25

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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