In professional services such as those provided by doctors, lawyers, architects, engineers, and dentists, there may be a warranty or guarantee of the quality of the services made or implied by law even when there is no express warranty written or stated. And in some states implied warranties cannot be disclaimed by the service provider.

Laws vary from state to state and some state laws recognize implied warranties in professional services and some do not. In states that do not recognize implied warranties in professional services, claims regarding the quality of professional services are generally analyzed as malpractice claims based on the professional’s alleged negligence in failing to meet the standard of care—generally a reasonably prudent and capable professional for the particular profession under the same or similar circumstances.

Laws regarding implied warranties in the provision of professional services may be located in a state’s court opinions (common law or case law) or in its statutes.

In South Dakota, the concept of implied warranties in professional services is not explicitly outlined in the statutes as it is for goods under the Uniform Commercial Code. Instead, the quality of professional services provided by doctors, lawyers, architects, engineers, and dentists is typically governed by the standard of care expected within those professions. If a professional fails to meet this standard, it may result in a malpractice claim. Malpractice claims are based on the allegation that the professional was negligent and did not perform their duties to the level expected of a reasonably prudent professional in the same field under similar circumstances. South Dakota does not have a specific statute that addresses implied warranties in professional services, so these issues are generally dealt with through case law where the courts determine whether an implied warranty exists based on the facts of each case and established legal principles.