reglab/housing_qa huggingface dataset:
SD Codified L § 20-9-11.6 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-11.6 - Person with possessory interest in land liable for injury to or death of certain known trespassers.

20-9-11.6. Person with possessory interest in land liable for injury to or death of certain known trespassers.A person with a possessory interest in land may be subject to liability for physical injury or death to a known trespasser if:(1)The trespasser was harmed as a result of the person's failure to carry on dangerous activities on the land with reasonable care for the trespasser's safety;(2)The trespasser was harmed as a result of the possessor's failure to exercise reasonable care to warn the trespasser about an artificial condition maintained by the person, the artificial condition involved a risk of death or serious bodily injury, and the artificial condition was of such a nature that the person had reason to believe the trespasser would not discover the artificial condition or realize the risk involved; or(3)The person knew or had reason to know that the trespasser was in dangerous proximity to a moving force in the person's immediate control just before the harm occurred, and the trespasser was harmed as a result of the person's failure to exercise reasonable care so as to prevent the force from harming the trespasser or failed to exercise reasonable care to provide a warning that was reasonably adequate to allow the trespasser to avoid the harm. Source: SL 2011, ch 111, §5.
SD Codified L § 20-9-12 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-12 - Definition of terms.

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 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, aviation activity, nature study, water skiing, winter sports, snowmobiling, viewing, or enjoying historical, archaeological, scenic, or scientific sites;(4)"Agritourism activity," any activity carried out on a farm, on a ranch, in a forest, or on an agribusiness operation that allows members of the general public, for recreational, entertainment, or educational purposes, to view or participate in agricultural activities, including farming, ranching, historical, cultural, harvest-your-own, or nature-based activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. An activity is not an agritourism activity if the participant is paid to participate in the activity;(5)"Owner," the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises. Source: SL 1987, ch 158, §1; SL 1990, ch 154; SL 2010, ch 109, §1; SL 2012, ch 117, §1.
SD Codified L § 20-9-13 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-13 - Landowner not obligated to keep land safe for outdoor recreation or agritourism or to give warning--Exception.

20-9-13. Landowner not obligated to keep land safe for outdoor recreation or agritourism 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 agritourism activities, or to give any warning of a dangerous condition, use, structure, or activity on the owner's land to persons entering for outdoor recreational purposes. Source: SL 1987, ch 158, §2; SL 2010, ch 109, §2.
SD Codified L § 20-9-14 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-14 - Landowner liability for invitation to use property for outdoor recreation or agritourism--Exception.

20-9-14. Landowner liability for invitation to use property for outdoor recreation or agritourism--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 the owner's property for outdoor recreational purposes or agritourism activities, 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. Source: SL 1987, ch 158, §3; SL 1990, ch 155; SL 1991, ch 24, §6; SL 2010, ch 109, §3.
SD Codified L § 20-9-15 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-15 - Landowner liability for land leased to state or its political subdivisions for outdoor recreation or agritourism.

20-9-15. Landowner liability for land leased to state or its political subdivisions for outdoor recreation or agritourism.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 of the state for outdoor recreational purposes or agritourism activities. Source: SL 1987, ch 158, §4; SL 2010, ch 109, §4.
SD Codified L § 20-9-16 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-16 - Landowner liability for gross negligence or injury suffered where consideration charged or law violated.

20-9-16. Landowner liability 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 of the land or for agritourism activity, except that in the case of land leased to the state or a political subdivision of the state, any consideration received by the owner for the 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 or agritourism activities 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. Source: SL 1987, ch 158, §5; SL 2010, ch 109, §5.
SD Codified L § 20-9-17 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-17 - Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreation or agritourism.

20-9-17. Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreation or agritourism.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 or agritourism activities from any obligation which the person may have in the absence of §§20-9-12 to 20-9-18, inclusive, to exercise care in his or her use of the land and in his or her activities on the land, or from the legal consequences of failure to employ such care. Source: SL 1987, ch 158, §6; SL 2010, ch 109, §6.
SD Codified L § 20-9-18 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-18 - Doctrine of attractive nuisance not affected.

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. Source: SL 1987, ch 158, §7.
SD Codified L § 20-9-19 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-19 - Definition of terms as to political subdivisions.

20-9-19. Definition of terms as to political subdivisions.Terms used in §§20-9-19 to 20-9-23, inclusive, mean:(1)"Land," all land, trails, water, watercourses, lakes, ponds, reservoirs, or improvements to real property, except for machinery and equipment on or attached to the realty, when located on lands owned, leased, or managed by any political subdivision of South Dakota, all areas designated as snowmobile, equestrian, hiking, or other recreational trails by any political subdivision of South Dakota, all private lands leased by any political subdivision of South Dakota, for public hunting, and all lands owned, leased, or operated by any political subdivision of South Dakota and operated as a park; and(2)"Outdoor recreational purpose," includes any of the following activities or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, kayaking, camping, picnicking, hiking, biking, skateboarding, in-line skating, sledding, horseback riding, off-road driving, nature study, water skiing, team sports, snowmobiling, skiing, climbing, spelunking, para-sailing, hang gliding, shooting, observing wildlife, viewing or enjoying historical, archaeological, scenic, or scientific sites, or engaging in any other form of outdoor sport or recreational activity of any sort. Source: SL 1996, ch 147, §1; SL 1999, ch 111, §1.
SD Codified L § 20-9-20 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-20 - Political subdivisions and employees not obligated to keep land safe for entry or use--Exceptions.

20-9-20. Political subdivisions and employees not obligated to keep land safe for entry or use--Exceptions.Except as provided in §20-9-22, any political subdivision of South Dakota, and its employees acting within the scope of their duties owe 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 the land to persons entering the land for outdoor recreational purposes. Source: SL 1996, ch 147, §2.
SD Codified L § 20-9-21 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-21 - Liability of political subdivision or employees for invitational or permissive use of land.

20-9-21. Liability of political subdivision or employees for invitational or permissive use of land.Except as provided in §20-9-22, any political subdivision of South Dakota, and its employees, by either directly or indirectly inviting or permitting the person to use the land described for outdoor recreational purposes or by charging a fee for admittance to parks, campgrounds, or other recreational areas, do not thereby:(1)Extend any assurance that the land is safe for any purpose; or(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 political subdivision of South Dakota, and its employees as to maintenance of the land. Source: SL 1996, ch 147, §3.
SD Codified L § 20-9-22 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-22 - Limits of political subdivision's liability.

20-9-22. Limits of political subdivision's liability.Nothing in §§20-9-19 to 20-9-23, inclusive, limits in any way any liability which otherwise exists:(1)For gross negligence or willful or wanton misconduct of the political subdivision of South Dakota, or its employees; and(2)For injury suffered in any case where the political subdivision of South Dakota, or its employees, have violated a county or municipal ordinance or state law which violation is a proximate cause of the injury. Source: SL 1996, ch 147, §4.
SD Codified L § 20-9-23 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-23 - Effect of §§ 20-9-19 to 20-9-23 on attractive nuisance or other legal doctrines.

20-9-23. Effect of §§20-9-19 to 20-9-23 on attractive nuisance or other legal doctrines.Nothing in §§20-9-19 to 20-9-23, inclusive, affects the doctrine of attractive nuisance or other legal doctrines relating to liability arising from artificial conditions unreasonably dangerous to children. Source: SL 1996, ch 147, §5.
SD Codified L § 20-9-24 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-24 - Definition of terms as to state.

20-9-24. Definition of terms as to state.Terms used in §§20-9-24 to 20-9-28 mean:(1)"Land," all land, trails, water, watercourses, lakes, ponds, reservoirs, or improvements to real property, except for machinery and equipment on or attached to the realty, when located on lands owned, leased, or managed by the South Dakota Department of Game, Fish and Parks, all areas designated as snowmobile, equestrian, hiking, or other recreational trails by the State of South Dakota, and all private lands leased by the State of South Dakota for public hunting; and(2)"Outdoor recreational purpose," includes any of the following activities or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, kayaking, camping, picnicking, hiking, biking, horseback riding, off-road driving, nature study, water skiing, team sports, snowmobiling, skiing, climbing, spelunking, para-sailing, hang gliding, shooting, observing wildlife, viewing or enjoying historical, archaeological, scenic or scientific sites, or engaging in any other form of outdoor sport or recreational activity of any sort. Source: SL 1996, ch 148, §1.
SD Codified L § 20-9-25 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-25 - State's duty of care to keep land safe and to warn of dangers on land used for outdoor recreational purposes.

20-9-25. State's duty of care to keep land safe and to warn of dangers on land used for outdoor recreational purposes.Except as provided in §20-9-27, the State of South Dakota, its agencies, and its employees acting within the scope of their duties owe 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 the land to persons entering the land for outdoor recreational purposes. Source: SL 1996, ch 148, §2.
SD Codified L § 20-9-26 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-26 - Liability of state, its agencies, and employees for invitational or permissive use of land.

20-9-26. Liability of state, its agencies, and employees for invitational or permissive use of land.Except as provided in §20-9-27, the State of South Dakota, its agencies, and employees, by either directly or indirectly inviting or permitting the person to use the land described for outdoor recreational purposes or by charging a fee for admittance to parks, campgrounds, or other recreational areas, do not thereby:(1)Extend any assurance that the land is safe for any purpose; or(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 State of South Dakota, its agencies and employees as to maintenance of the land. Source: SL 1996, ch 148, §3.
SD Codified L § 20-9-27 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-27 - Limits of state's liability.

20-9-27. Limits of state's liability.Nothing in §§20-9-24 to 20-9-28, inclusive, limits in any way any liability which otherwise exists:(1)For gross negligence or willful or wanton misconduct of the State of South Dakota, its agencies or employees; and(2)For injury suffered in any case where the State of South Dakota, its agencies or employees, have violated a county or municipal ordinance or state law which violation is a proximate cause of the injury. Source: SL 1996, ch 148, §4.
SD Codified L § 20-9-28 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-28 - Effect of §§ 20-9-24 to 20-9-28 on attractive nuisance or other legal doctrines.

20-9-28. Effect of §§20-9-24 to 20-9-28 on attractive nuisance or other legal doctrines.Nothing in §§20-9-24 to 20-9-28, inclusive, affects the doctrine of attractive nuisance or other legal doctrines relating to liability arising from artificial conditions unreasonably dangerous to children. Source: SL 1996, ch 148, §5.
SD Codified L § 20-9-29 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-29 - Definitions.

20-9-29. Definitions.Terms used in §§20-9-29 to 20-9-31, inclusive, mean:(1)"Person," any corporation, family farm corporation, limited liability corporation, cooperative association, partnership, limited partnership, limited liability partnership, joint venture, natural person, or other legally established entity of any sort;(2)"Livestock," includes cattle, poultry, bison, sheep, swine, goats, and horses;(3)"Ownership interest," includes any partial, fractional, or complete ownership of an interest in livestock, but does not include any lien or security interest attaching to livestock;(4)"Environmental damages," includes all damages arising from contamination or pollution of air, water, real or personal property, livestock, wild animals, birds, fish, or other aquatic life, or injury to human beings from a location within the State of South Dakota, including contamination or pollution, as defined in Title 34A. Source: SL 1998, ch 123, §1; SDCL 34A-11-9.1
SD Codified L § 20-9-30 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-30 - Livestock owners--Control by another person.

20-9-30. Livestock owners--Control by another person.Any person who holds an ownership interest in livestock and negligently entrusts the possession or control of that livestock to another person shall be jointly and severally liable for all environmental damages which are caused by the acts or omissions of the person entrusted with those livestock and which arise from the possession or control of that livestock. Source: SL 1998, ch 123, §2; SDCL §34A-11-9.2
SD Codified L § 20-9-31 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-31 - Livestock--Contract--Facilities.

20-9-31. Livestock--Contract--Facilities.Any person who holds an ownership interest in livestock and controls or specifies through a contract or other business relationship the design, construction, or operational instructions of the facilities which care for that livestock shall be jointly and severally liable for all environmental damages which are caused by such person's negligent design, negligent construction, or negligent operational instructions for the livestock facility. Source: SL 1998, ch 123, §3; SDCL 34A-11-9.3
SD Codified L § 20-9-32 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-32 - Civil cause of action for malicious intimidation or harassment--Damages.

20-9-32. Civil cause of action for malicious intimidation or harassment--Damages.In addition to the criminal penalty provided in §22-19B-1, there is a civil cause of action for malicious harassment. The victim of malicious intimidation or harassment may recover both special and general damages, including damages for emotional distress, reasonable attorney fees and costs, and punitive damages. The civil cause of action for malicious intimidation or harassment is in addition to any other remedies, criminal or civil, otherwise available under law. Source: SL 1993, ch 177, §3; SDCL, 22-19B-3; SL 2005, ch 120, §§183, 185.
SD Codified L § 20-9-33 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-33 - Civil liability for counterfeit lien.

20-9-33. Civil liability for counterfeit lien.Any person who violates §22-11-28 is liable in a civil action to any person for any injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other reasonable expenses incurred as a result of prosecuting a civil action commenced under this section. A civil action under this section is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of §22-11-28. Source: SL 1997, ch 45, §9; SDCL, §22-11-30; SL 2005, ch 120, §232.
SD Codified L § 20-9-34 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-34 - Civil liability for harassment by threat of fraudulent legal proceedings or liens.

20-9-34. Civil liability for harassment by threat of fraudulent legal proceedings or liens.Any person who violates §22-11-31 is liable in a civil action to any person for any injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other reasonable expenses incurred as a result of prosecuting a civil action commenced under this section. A civil action under this section is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of §22-11-31. Source: SL 1997, ch 45, §12; SDCL, §22-11-33; SL 2005, ch 120, §232.
SD Codified L § 20-9-35 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-35 - Civil liability for impersonating a judicial official.

20-9-35. Civil liability for impersonating a judicial official.Any person who violates §22-40-17 is liable in a civil action to any person for any injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other reasonable expenses incurred as a result of prosecuting a civil action commenced under this section. A civil action under this section is not the exclusive remedy of a person who incurs injury, death, or loss to persons or property as a result of a violation of §22-40-17. Source: SL 1997, ch 45, §14; SDCL §22-11-35; SL 2005, ch 120, §232, eff. July 1, 2006.