SOUTH DAKOTA CODIFIED LAWS
TITLE 20: PERSONAL RIGHTS AND OBLIGATIONS
CHAPTER 9: LIABILITY FOR TORTS
§20-9-11. Landowners excluded from liability for injuries suffered by trespassers on flooded land - Exception.
No cause of action may arise against the owner, tenant or lessee of any real estate for any injury to any person or death resulting therefrom or damage to property of such person when such person is on the flooded lands of the owner, tenant or lessee without permission, irrespective of the method or means by which the trespass occurred, unless such death or injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant or lessee. This section does not affect the doctrine of attractive nuisance or other legal doctrines relating to the liability arising from artificial conditions highly dangerous to children.
HISTORY: Source SL 1987, ch 159.
§20-9-12. Definition of terms.
Terms used in §§ 20-9-12 to 20-9-18, inclusive, mean:
(1) "Charge," the admission price or fee asked in return for invitation or permission to enter or go upon the land. Any nonmonetary gift to an owner that is less than one hundred dollars in value may not be construed to be a charge;
(2) "Land," land, trails, water, watercourses, private ways and agricultural structures, and machinery or equipment if attached to the realty;
(3) "Outdoor recreational purpose," includes, but is not limited to, any of the following activities, or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, camping, picnicking, hiking, biking, off road driving, nature study, water skiing, winter sports, snowmobiling, viewing or enjoying historical, archaeological, scenic or scientific sites;
(4) "Owner," the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.
HISTORY: Source SL 1987, ch 158, § 1; 1990, ch 154.
§20-9-13. Landowner not obligated to keep land safe for use by others for outdoor recreational purposes or to give warning - Exception.
Except as provided in § 20-9-16, an owner of land owes no duty of care to keep the land safe for entry or use by others for outdoor recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on his land to persons entering for outdoor recreational purposes.
HISTORY: Source SL 1987, ch 158, § 2.
§20-9-14. Liability of landowner for invitation to use property for outdoor recreational purposes - Exception.
Except as provided in § 20-9-16, an owner of land who either directly or indirectly invites or permits without charge any person to use his property for outdoor recreational purposes, including any person who is on the property pursuant to § 41-9-8, does not thereby:
(1) Extend any assurance that the land is safe for any purpose;
(2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for, or incur liability for, any injury to persons or property caused by an act of omission of the owner as to maintenance of the land.
HISTORY: Source SL 1987, ch 158, § 3; 1990, ch 155; 1991, ch 24, § 6.
§20-9-15. Liability of owner of land leased to state for outdoor recreational purposes.
Unless otherwise agreed in writing, the provisions of §§ 20-9-13 and 20-9-14 apply to the duties and liability of an owner of land leased to the state or any political subdivision thereof for outdoor recreational purposes.
HISTORY: Source SL 1987, ch 158, § 4.
§20-9-16. Liability of landowner for gross negligence or injury suffered where consideration charged or law violated.
Nothing in §§ 20-9-12 to 20-9-18, inclusive, limits in any way any liability which otherwise exists:
(1) For gross negligence or willful or wanton misconduct of the owner;
(2) For injury suffered in any case where the owner of land charges any person who enters or goes on the land for the outdoor recreational use thereof, except that in the case of land leased to the state or a political subdivision thereof, any consideration received by the owner for such lease may not be deemed a charge within the meaning of this section nor may any incentive payment paid to the owner by the state or federal government to promote public access for outdoor recreational purposes be considered a charge; or
(3) For injury suffered in any case where the owner has violated a county or municipal ordinance or state law which violation is a proximate cause of the injury.
HISTORY: Source SL 1987, ch 158, § 5.
§20-9-17. Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreational purposes.
Sections 20-9-12 to 20-9-18, inclusive, may not be construed to create a duty of care or ground of liability for injury to persons or property, or relieve any person using the land of another for outdoor recreational purposes from any obligation which he may have in the absence of §§ 20-9-12 to 20-9-18, inclusive, to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.
HISTORY: Source SL 1987, ch 158, § 6.
§20-9-18. Doctrine of attractive nuisance not affected.
Sections 20-9-12 to 20-9-18, inclusive, does not affect the doctrine of attractive nuisance or other legal doctrines relating to liability arising from artificial conditions highly dangerous to children.
ADDITIONAL INFORMATION: Text of Code also available at Lexis on 11/19/00.