reglab/housing_qa huggingface dataset:
SD Codified L § 20-9-36 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-36 - Definitions related to asbestos claims.

20-9-36. Definitions related to asbestos claims.Terms used in §§20-9-36 to 20-9-43, inclusive, mean:(1)"Corporation," any corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state;(2)"Successor," any corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities and that became a successor before January 1, 1972, or any successors of that corporation;(3)"Transferor," any corporation from which successor asbestos-related liabilities are or were assumed or incurred. Source: SL 2010, ch 110, §1.
SD Codified L § 20-9-37 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-37 - Asbestos claim defined.

20-9-37. Asbestos claim defined.For the purposes of §§20-9-36 to 20-9-43, inclusive, an asbestos claim is any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:(1)The health effects of exposure to asbestos, including a claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance;(2)Any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and(3)Any claim for damage or loss caused by the installation, presence, or removal of asbestos. Source: SL 2010, ch 110, §2.
SD Codified L § 20-9-38 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-38 - Successor asbestos-related liabilities defined.

20-9-38. Successor asbestos-related liabilities defined.For the purposes of §§20-9-36 to 20-9-43, inclusive, successor asbestos-related liabilities are any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due to become due, which are related to asbestos claims and were assumed or incurred by a corporation as a result of, or in connection with, a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined, pursuant to §20-9-41, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction. Source: SL 2010, ch 110, §3.
SD Codified L § 20-9-39 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-39 - Limitation on cumulative successor asbestos-related liabilities.

20-9-39. Limitation on cumulative successor asbestos-related liabilities.The cumulative successor asbestos-related liabilities of any successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation. Source: SL 2010, ch 110, §4.
SD Codified L § 20-9-40 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-40 - Limitation where transferor assumed or incurred liabilities of prior transferor.

20-9-40. Limitation where transferor assumed or incurred liabilities of prior transferor.If the transferor had assumed or incurred successor asbestos-related liabilities or liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in §20-9-39 for purposes of determining the limitation of liability of a successor corporation. Source: SL 2010, ch 110, §5.
SD Codified L § 20-9-41 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-41 - Total gross assets defined--Determination of fair market value.

20-9-41. Total gross assets defined--Determination of fair market value.Any successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under §§20-9-39 and 20-9-40 through any method reasonable under the circumstances, including:(1)By reference to the going concern value of the assets or to the purchase price attributable to, or paid for, the assets in arms-length transactions; or(2)In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.Total gross assets include intangible assets. To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of such insurance are not affected by this section, nor does this section otherwise affect the rights and obligations of an insurer, transferor, or successor under any insurance contract or any related agreements, including pre-enactment settlements resolving coverage-related disputes, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor successor with the insurers of the transferor before the date of enactment of §§20-9-36 to 20-9-43, inclusive, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets. Source: SL 2010, ch 110, §6.
SD Codified L § 20-9-42 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-42 - Adjustment of fair market value of total gross assets.

20-9-42. Adjustment of fair market value of total gross assets.The fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used, plus one percent. This rate may not be compounded. The adjustment of the fair market value of total gross assets shall continue as provided in this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.No adjustment of the fair market value of total gross assets may be applied to any liability insurance that may be included in the definition of total gross assets by §20-9-41. Source: SL 2010, ch 110, §7.
SD Codified L § 20-9-43 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-43 - Exclusions from limitation on cumulative successor asbestos-related liabilities.

20-9-43. Exclusions from limitation on cumulative successor asbestos-related liabilities.The provisions of §§20-9-39 and 20-9-40 do not apply to any of the following:(1)Workers' compensation benefits paid by or on behalf of an employer to an employee under the provisions of Title 62, or a comparable workers' compensation law of another jurisdiction;(2)Any claim against a corporation that does not constitute a successor asbestos-related liability;(3)Any obligation under the National Labor Relations Act, 29 U.S.C. section 151, et seq., or under any collective bargaining agreement; or(4)A successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor. Source: SL 2010, ch 110, §8.
SD Codified L § 20-9-44 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-44 - Limitation of action for personal injury or death caused by negligence of directors and officers of nonprofit fire, ambulance, or search and rescue entity or its employees and volunteers.

20-9-44. Limitation of action for personal injury or death caused by negligence of directors and officers of nonprofit fire, ambulance, or search and rescue entity or its employees and volunteers.Any action for recovery of damages for personal injury or death caused by the negligence of directors and officers of a nonprofit fire, ambulance, or search and rescue entity organized or incorporated in the State of South Dakota, or its employees and volunteers authorized by the nonprofit organization at the time of the alleged negligent act shall be commenced within two years from the occurrence of the accident causing the injury or death. This section applies whether such person is classified, unclassified, licensed, certified, permanent, temporary, compensated, or not compensated. Source: SL 2013, ch 103, §2.
SD Codified L § 20-9-45 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-45 - Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors.

20-9-45. Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors.A nonprofit fire, ambulance, or search and rescue entity organized or incorporated in the State of South Dakota and its volunteer officers and directors are immune from civil liability for any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if:(1)The individual was acting in good faith and within the scope of such individual's official functions and duties for the nonprofit organization or corporation; and(2)The damage or injury was not caused by gross negligence or willful and wanton misconduct by such individual. Source: SL 2013, ch 103, §3.
SD Codified L § 20-9-46 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-46 - Wrongful human trafficking.

20-9-46. Wrongful human trafficking.A victim of human trafficking pursuant to chapter 22-49, or any federal human trafficking offense, may bring a civil cause of action for wrongful human trafficking. Source: SL 2014, ch 107, §1.
SD Codified L § 20-9-47 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-47 - Definitions pertaining to fishing tournaments.

20-9-47. Definitions pertaining to fishing tournaments.Terms used in §§20-9-47 to 20-9-51, inclusive, mean:(1)"Fishing," the riding, driving, or being a passenger in a boat or watercraft used in a fishing tournament, or any person assisting a participant or show management. The term does not include being a spectator at a fishing tournament;(2)"Fishing tournament," an organized competition among fishermen, usually as a series of competition events centered around or on a specific body of water, with specific rules applying to each event;(3)"Fishing tournament sponsor," any individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, that supports, organizes, or provides the facilities for a fishing tournament;(4)"Fishing professional," any person engaged for compensation in instructing a participant or renting to a participant a boat, watercraft or other equipment for the purpose of fishing in a fishing tournament;(5)"Inherent risks of fishing," those dangers or conditions that are an integral part of fishing, including:(a)The unpredictability of the weather and environment in the area the fishing occurs;(b)Certain hazards such as surface and subsurface conditions of the body of water at or on which the fishing occurs;(c)Collisions with other boats, watercrafts, vehicles, ice shacks, or objects;(d)If engaged in a fishing tournament, the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the boat or watercraft or not acting within the participant's ability;(6)"Participant," any person, whether amateur or professional, who engages in a fishing tournament, whether or not a fee is paid to participate in a fishing tournament. Source: SL 2016, ch 115, §1.
SD Codified L § 20-9-48 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-48 - Limited liability of fishing tournament sponsors.

20-9-48. Limited liability of fishing tournament sponsors.No fishing tournament sponsor is liable for an injury to, or the death of, a participant resulting from the inherent risks of fishing. Source: SL 2016, ch 115, §2.
SD Codified L § 20-9-49 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-49 - Circumstances under which liability of fishing tournament sponsor and others not limited.

20-9-49. Circumstances under which liability of fishing tournament sponsor and others not limited.Nothing in §§20-9-47 to 20-9-51, inclusive, prevents or limits the liability of a fishing tournament sponsor, a fishing professional, or any other person if the fishing tournament sponsor, fishing professional, or other person:(1)Provides the equipment, boat, or watercraft, and knew or should have known that the equipment, boat, or watercraft was faulty, and the equipment, boat, or watercraft was faulty to the extent that it causes the injury; or provides the equipment, boat, or watercraft and fails to make reasonable and prudent efforts to determine the proper operating licensure and ability of the participant to engage safely in the fishing tournament and determine the ability of the participant to safely manage the equipment, boat, or watercraft based on the participant's representations of the participant's ability;(2)Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustains any injury because of a dangerous latent condition that was known to the fishing tournament sponsor, fishing professional, or person and for which warning signs had not been conspicuously posted;(3)Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that causes the injury; or(4)Intentionally injures the participant. Source: SL 2016, ch 115, §3.
SD Codified L § 20-9-50 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-50 - Fishing professionals and tournament sponsors liable for warranty and trespass.

20-9-50. Fishing professionals and tournament sponsors liable for warranty and trespass.Nothing in §§20-9-47 to 20-9-51, inclusive, prevents or limits the liability of any fishing tournament sponsor or fishing professional for any injury involving a participant if the recovery is made pursuant to warranty or trespass. Source: SL 2016, ch 115, §4.
SD Codified L § 20-9-51 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-51 - Warning sign to be posted by fishing professionals and tournament sponsors--Warning notice in contracts.

20-9-51. Warning sign to be posted by fishing professionals and tournament sponsors--Warning notice in contracts.Each fishing professional and fishing tournament sponsor shall post and maintain the following sign:WARNING: Under South Dakota law, no fishing tournament sponsor or fishing professional is liable for an injury to, or the death of, a participant resulting from the inherent risks of fishing, pursuant to §§20-9-47 to 20-9-51 of the South Dakota Codified Laws.The sign shall be placed in a clearly visible location on or near boat docks, registration tables, equipment rental stations, or where a fishing professional conducts fishing activities. The warning notice shall appear on the sign in black letters, with each letter being a minimum of one inch in height. Each written contract entered into by a fishing professional for the providing of professional services, instruction, or the rental of equipment, a boat, or watercraft to a participant, whether or not the contract involves fishing activities on or off the location or site of the fishing professional's business, shall contain in clearly readable print the warning notice provided in this section. Source: SL 2016, ch 115, §5.
SD Codified L § 20-9-52 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-52 - Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other communicable disease.

20-9-52. Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other communicable disease.Any person who knowingly violates the provisions of §22-18-31, 34-22-5, or 34-23-1 is liable for civil damages. Source: SL 2018, ch 204, §2.
SD Codified L § 20-9-53 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-53 - Definitions.

20-9-53. Definitions.Terms used in §§20-9-53 to 20-9-57, inclusive, mean:(1)"Civil recoveries," funds received by the state from any third party as damages resulting from riot or incitement to riot that cause the state or a political subdivision to incur costs;(2)"Incitement to riot," any person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which the force or violence is imminent and the urging is likely to incite or produce the use of force or violence, incites riot. Urging includes instigating, inciting, or directing, but does not include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence;(3)"Person," any individual, joint venture, association, partnership, cooperative, limited liability company, corporation, nonprofit, other entity, or any group acting as a unit;(4)"Political subdivision," a county or municipality;(5)"Riot," any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property; and(6)"Secretary," the secretary of the Department of Public Safety. Source: SL 2019, ch 104, § 1, eff. Mar. 27, 2019; SL 2020, ch 73, § 1; SL 2020, ch 78, § 5.
SD Codified L § 20-9-54 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-54 - Liability for riot and incitement to riot.

20-9-54. Liability for riot and incitement to riot.In addition to any other liability or criminal penalty under law, a person is personally liable for riot, and jointly and severally liable for riot with any other person engaged in the same riot, to the state or a political subdivision in an action for damages if the person commits riot as defined under §20-9-53.In addition to any other liability or criminal penalty under law, a person is personally liable for incitement to riot, and jointly and severally liable for incitement to riot with any other person engaged in the same riot, to the state or a political subdivision in an action for damages if the person commits incitement to riot as defined under §20-9-53.Nothing in this section may be construed to include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence. This section may not be construed to prevent the peaceable assembly of persons for lawful purposes of protest or petition. Source: SL 2019, ch 104, § 2, eff. Mar. 27, 2019; SL 2020, ch 73, § 2; SL 2020, ch 78, § 6.
SD Codified L § 20-9-55 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-55 - Jurisdiction--Evidence--Procedure.

20-9-55. Jurisdiction--Evidence--Procedure.A person is subject to the jurisdiction of the courts of this state for incitement to riot that results in a riot in this state, regardless of whether the person engages in incitement to riot personally, or through any employee, agent, or subsidiary.Evidence is not admissible in an action for riot or incitement to riot that shows that any damages, in whole or in part, were paid by a third party. Notwithstanding any other law, any action arising under §20-9-54 is governed by the procedural and substantive law of this state.Any action for riot or incitement to riot shall be for the exclusive benefit of the state or political subdivision and shall be brought in the name of the state or political subdivision. The state, a political subdivision, or any third party having an interest in preventing a riot or incitement to riot may enter into an agreement to establish joint representation of a cause of action under §20-9-54. Source: SL 2019, ch 104, § 3, eff. Mar. 27, 2019; SL 2020, ch 73, § 3; SL 2020, ch 78, § 7.
SD Codified L § 20-9-56 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 09 - Liability For Torts|Section 20-9-56 - Damages for riot or incitement to riot.

20-9-56. Damages for riot or incitement to riot.The plaintiff in an action for riot or incitement to riot may recover both special and general damages, reasonable attorney's fees, disbursements, other reasonable expenses incurred from prosecuting the action, and punitive damages. A fine paid by a defendant for any violation of chapter 22-10 may not be applied toward payment of damages under this section. Source: SL 2019, ch 104, § 4, eff. Mar. 27, 2019; SL 2020, ch 73, § 4; SL 2020, ch 78, § 8.