reglab/housing_qa huggingface dataset:
SD Codified L § 20-8-1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 08 - Restoration Of Things Improperly Obtained|Section 20-8-1 - Obligation to restore thing obtained without consent or by unlawful exaction.

20-8-1. Obligation to restore thing obtained without consent or by unlawful exaction.One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides. Source: CivC 1877, §977; CL 1887, §3601; RCivC 1903, §1295; RC 1919, §799; SDC 1939, §47.0305.
SD Codified L § 20-8-2 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 08 - Restoration Of Things Improperly Obtained|Section 20-8-2 - Demand not required for obligation to restore--Notice of mutual mistake required.

20-8-2. Demand not required for obligation to restore--Notice of mutual mistake required.The restoration required by §20-8-1 must be made without demand except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake. Source: CivC 1877, §978; CL 1887, §3602; RCivC 1903, §1296; RC 1919, §800; SDC 1939, §47.0306.
SD Codified L § 20-9-1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-1 - Responsibility for injury by willful act or negligence--Contributory negligence.

20-9-1. Responsibility for injury by willful act or negligence--Contributory negligence.Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence. Source: CivC 1877, §979; CL 1887, §3603; RCivC 1903, §1297; RC 1919, §801; SDC 1939, §47.0304.
SD Codified L § 20-9-1.1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-1.1 - Loss of chance doctrine abrogated.

20-9-1.1.Loss of chance doctrine abrogated.The Legislature finds that in those actions founded upon an alleged want of ordinary care or skill the conduct of the responsible party must be shown to have been the proximate cause of the injury complained of. The Legislature also finds that the application of the so called loss of chance doctrine in such cases improperly alters or eliminates the requirement of proximate causation. Therefore, the rule in Jorgenson v. Vener, 2000 SD 87, 616 N. W. 2d 366 (2000) is hereby abrogated. Source: SL 2002, ch 96, §1.
SD Codified L § 20-9-1.2 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-1.2 - Other rules and principles not affected.

20-9-1.2. Other rules and principles not affected.The Legislature intends only to abrogate the loss of chance doctrine expressly adopted by the court, thereby returning the common law of this state to its status immediately prior to the court's decision. The Legislature does not intend to affect any other rule or principle of statutory or common law, including but not limited to, aggravation of preexisting injuries, proximate causation, and the requirement of informed consent for all medical treatment. Source: SL 2002, ch 96, §2.
SD Codified L § 20-9-2 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-2 - Comparative negligence--Reduction of damages.

20-9-2. Comparative negligence--Reduction of damages.In all actions brought to recover damages for injuries to a person or to that person's property caused by the negligence of another, the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff's contributory negligence.Notwithstanding Woods vs. City of Crooks, 559 N.W.2d 558 (SD 1997), the determination of whether the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant shall be made without disclosing any determination of percentage of plaintiff's fault by special interrogatory. Source: SL 1941, ch 160; SDC Supp 1960, §47.0304-1; SL 1964, ch 149; SL 1998, ch 125, §1.
SD Codified L § 20-9-3 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-3 - Licensed medical practitioners immune from liability for emergency care.

20-9-3. Licensed medical practitioners immune from liability for emergency care.No physician, surgeon, osteopath, physician assistant, registered nurse, or licensed practical nurse, licensed under the provisions of chapters 36-4, 36-4A, and 36-9, who in good faith renders, in this state, emergency care at the scene of the emergency, shall be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care. Source: SL 1961, ch 137, §1; SL 1963, ch 159, §1; SL 1976, ch 152.
SD Codified L § 20-9-4 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-4 - Immunity of medical practitioner licensed in another state--Acts not deemed professional practice.

20-9-4. Immunity of medical practitioner licensed in another state--Acts not deemed professional practice.No physician, surgeon, osteopath, registered nurse, or licensed practical nurse duly licensed to practice his profession in another state of the United States, who renders in this state emergency care at the scene of the emergency, shall be liable as specified in §20-9-3, nor shall he be deemed to be practicing medicine or nursing within this state as contemplated by chapters 36-2, 36-4, and 36-9. Source: SL 1961, ch 137, §2; SL 1963, ch 159, §2.
SD Codified L § 20-9-4.1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-4.1 - Immunity from liability for emergency care--Exception.

20-9-4.1. Immunity from liability for emergency care--Exception.No peace officer, conservation officer, member of any fire department, police department and their first aid, rescue or emergency squad, or any citizen acting as such as a volunteer, or any other person is liable for any civil damages as a result of their acts of commission or omission arising out of and in the course of their rendering in good faith, any emergency care and services during an emergency which is in their judgment indicated and necessary at the time. Such relief from liability for civil damages extends to the operation of any motor vehicle in connection with any such care or services.Nothing in this section grants any relief to any person causing any damage by his willful, wanton or reckless act of commission or omission. Source: SL 1968, ch 193; SL 1970, ch 140; SL 1986, ch 4, §9; SL 2013, ch 103, §1.
SD Codified L § 20-9-4.2 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-4.2 - Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted.

20-9-4.2. Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted.A minor as defined in §26-1-1 may be treated by a licensed physician before the minor's parent's or guardian's consent is obtained if a parent or guardian is not immediately available and if, in the opinion of the treating physician, exercising competent medical judgment, the attempt to secure the consent would result in delay of treatment which would threaten the minor's life or health.No physician, hospital, or other person assisting in the treatment of a minor may be held liable for providing medical or surgical treatment for a minor without consent of the minor's parent or guardian, if in the opinion of the treating physician, exercising competent medical judgment, the minor's life or health would be threatened by delaying treatment.This section does not apply to an elective abortion or to sterilization or to any device or medication for the control of birth, nor shall it be construed to constitute a modification or repeal of any other current provision of law pertaining thereto. Source: SL 1983, ch 208, §§1, 2.
SD Codified L § 20-9-4.3 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-4.3 - Definition of terms.

20-9-4.3. Definition of terms.Terms used in §§20-9-4.3 to 20-9-4.8, inclusive, mean:(1)"AED," an automated external defibrillator;(2)"Person," a natural person, organization, corporation, partnership, limited partnership, joint venture, association, government entity, or any other legal or commercial entity. Source: SL 2000, ch 93, §1; SL 2007, ch 139, §1.
SD Codified L § 20-9-4.4 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-4.4 - Civil immunity for emergency use or nonuse of AED.

20-9-4.4. Civil immunity for emergency use or nonuse of AED.Any person, who in good faith obtains, uses, attempts to use, or chooses not to use an AED in providing emergency care or treatment, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such medical treatment. Source: SL 2000, ch 93, §2; SL 2007, ch 139, §2.
SD Codified L § 20-9-4.6 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-4.6 - AED trainer immunity.

20-9-4.6. AED trainer immunity.Any person who provides AED training is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment. Source: SL 2000, ch 93, §4.
SD Codified L § 20-9-4.8 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-4.8 - Immunity inapplicable in event of negligence or misconduct.

20-9-4.8. Immunity inapplicable in event of negligence or misconduct.The immunity from civil liability under §§20-9-4.3 to 20-9-4.8, inclusive, does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care. Source: SL 2000, ch 93, §6.
SD Codified L § 20-9-4.9 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-4.9 - Over-the-counter AED--Application of chapter--Immunity from civil liability--Exception.

20-9-4.9. Over-the-counter AED--Application of chapter--Immunity from civil liability--Exception.The provisions of this chapter do not apply to an over-the-counter AED purchased without a written prescription. However, any person, who in good faith obtains an over-the-counter AED for use in providing emergency care or treatment or utilizes an over-the-counter AED, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such emergency care or treatment. The immunity from civil liability pursuant to this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care. Source: SL 2005, ch 118, §1.
SD Codified L § 20-9-6 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-6 - Right to protection from bodily harm, insult, or injury to personal relations.

20-9-6. Right to protection from bodily harm, insult, or injury to personal relations.Every person has, subject to the limitations provided by law, the right of protection from bodily harm or restraint, from personal insult, from defamation, and from injury to his personal relations, and every person is bound, without contract, to abstain from injuring any such rights of others and to abstain from injuring the person or property of another. Source: CivC 1877, §§27, 973; CL 1887, §§2526, 3597; RCivC 1903, §§27, 1291; RC 1919, §§93, 795; SDC 1939, §47.0301.
SD Codified L § 20-9-6.1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-6.1 - Claim of barratry.

20-9-6.1. Claim of barratry.Barratry is the assertion of a frivolous or malicious claim or defense or the filing of any document with malice or in bad faith by a party in a civil action. Barratry constitutes a cause of action which may be asserted by filing a pleading in the same civil action in which the claim of barratry arises or in a subsequent action. A claim of barratry shall be determined in the same manner as any other substantive cause of action asserted in that civil action. Source: SL 1997, ch 111, §1; SL 2001, ch 104, §1.
SD Codified L § 20-9-7 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-7 - Abduction, enticement and seduction forbidden by rights of personal relation.

20-9-7. Abduction, enticement and seduction forbidden by rights of personal relation.The rights of personal relation forbid:(1)The abduction or enticement of a husband from his wife or of a parent from a child;(2)The abduction or enticement of a wife from her husband, of a child from a parent, or from a guardian entitled to its custody;(3)The seduction of a wife, daughter, or orphan sister;(4)The seduction of a husband, son, or orphan brother. Source: SDC 1939, §47.0302; SL 2002, ch 97, §1.
SD Codified L § 20-9-9 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-9 - Product's dealers and sellers immune from strict liability except for manufacturers or those who knew of defect--Other causes of action against seller not limited.

20-9-9. Product's dealers and sellers immune from strict liability except for manufacturers or those who knew of defect--Other causes of action against seller not limited.No cause of action based on the doctrine of strict liability in tort may be asserted or maintained against any distributor, wholesaler, dealer, or retail seller of a product which is alleged to contain or possess a latent defective condition unreasonably dangerous to the buyer, user, or consumer unless said distributor, wholesaler, dealer, or retail seller is also the manufacturer or assembler of said product or the maker of a component part of the final product, or unless said dealer, wholesaler, or retail seller knew, or, in the exercise of ordinary care, should have known, of the defective condition of the final product. Nothing in this section shall be construed to limit any other cause of action from being brought against any seller of a product. Source: SL 1979, ch 155, §2.
SD Codified L § 20-9-10 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-10 - Product's manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications.

20-9-10. Product's manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications.No manufacturer, assembler, or seller of a product may be held liable for damages for personal injury, death, or property damage sustained by reason of the doctrine of strict liability in tort based on a defect in a product, or failure to warn or protect against a danger or hazard in the use or misuse of such a product, or failure to properly instruct in the use or misuse of such product, where a proximate cause of the injury, death, or damage was an alteration or modification of such product made under all of the following circumstances:(1)The alteration or modification was made subsequent to the manufacture, assembly, or sale of the product;(2)The alteration or modification altered or modified the purpose, use, function, design, or manner of use of the product from that originally designed, tested, or intended by the manufacturer, assembler, or seller; and(3)It was not foreseeable by the manufacturer, assembler, or seller of the product that the alteration or modification would be made, and, if made, that it would render the product unsafe. Source: SL 1979, ch 155, §1.
SD Codified L § 20-9-10.1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-10.1 - State of the art defense in product liability actions.

20-9-10.1. State of the art defense in product liability actions.In any product liability action based upon negligence or strict liability, whether the design, manufacture, inspection, testing, packaging, warning, or labeling was in conformity with the generally recognized and prevailing state of the art existing at the time the specific product involved was first sold to any person not engaged in the business of selling such a product, may be considered in determining the standard of care, whether the standard of care was breached or whether the product was in a defective condition or unreasonably dangerous to the user. Source: SL 1995, ch 117.
SD Codified L § 20-9-11 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-11 - Landowners, tenants, and lessees exempt from liability for injuries on flooded land--Exceptions.

20-9-11. Landowners, tenants, and lessees exempt from liability for injuries on flooded land--Exceptions.Notwithstanding the provisions of subdivision 20-9-16(1), 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, with or without permission, unless such death or injuries were caused by the 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. This section does not preempt the standard of liability which a landowner owes to a person who has paid a charge to enter the land pursuant to subdivision 20-9-16(2). Source: SL 1987, ch 159; SL 2001, ch 105, §1.
SD Codified L § 20-9-11.1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-11.1 - Trespasser defined.

20-9-11.1. Trespasser defined.For the purposes of §§20-9-11.2 to 20-9-11.6, inclusive, a trespasser is any person who enters on the property of another without permission and without an invitation, express or implied. Source: SL 2011, ch 111, §6.
SD Codified L § 20-9-11.2 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-11.2 - Person with possessory interest in land exempt from liability to trespasser--Exceptions.

20-9-11.2. Person with possessory interest in land exempt from liability to trespasser--Exceptions.No person with a possessory interest in land, including an owner, lessee, or other occupant, owes any duty of care to a trespasser nor is subject to liability for any injury to a trespasser except as provided in §§20-9-11.3 to 20-9-11.6, inclusive. Source: SL 2011, ch 111, §1.
SD Codified L § 20-9-11.3 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-11.3 - Person with possessory interest in land liable to trespasser for intentional injury.

20-9-11.3. Person with possessory interest in land liable to trespasser for intentional injury.A person with a possessory interest in land may be subject to liability if the trespasser's physical injury or death was intentionally caused, including by entrapment, and if the injury or death was not justifiable pursuant to §22-18-4. Source: SL 2011, ch 111, §2.
SD Codified L § 20-9-11.4 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-11.4 - Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.

20-9-11.4. Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.A person with a possessory interest in land may be subject to liability for physical injury or death to a child thirteen years of age or younger resulting from an artificial condition on the land if:(1)The person knew or had reason to know that children of that age were likely to trespass at the location of the artificial condition; and(2)The condition is one the person knew or reasonably should have known involved an unreasonable risk or death or serious bodily harm to such children; and(3)The injured child did not discover the artificial condition or realize the risk involved in the artificial condition or the risk coming within the area made dangerous by it; and(4)The utility to the person of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and(5)The person failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child. Source: SL 2011, ch 111, §3.
SD Codified L § 20-9-11.5 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-11.5 - Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.

20-9-11.5. Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.A person with a possessory interest in land may be subject to liability for physical injury or death to a trespasser if the possessor knows, or from facts within the possessor's knowledge should have known, that trespassers consistently intrude upon a limited area of the possessor's land and:(1)The trespasser's harm was caused by the possessor's failure to carry on an activity involving a risk of death or serious bodily harm with reasonable care for the trespasser's safety; or(2)The trespasser's harm was cause by an artificial condition and:(a)The artificial condition was created or maintained by the person;(b)The person knew the artificial condition was likely to cause death or serious bodily injury to such a trespasser;(c)The artificial condition was of such a nature that the possessor had reason to believe that the trespasser would not discover it; and(d)The person failed to exercise reasonable care to warn the trespasser of the artificial condition and the risk involved. Source: SL 2011, ch 111, §4.