reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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)"Agritourism activity," any activity carried out on a farm, on a ranch, or in a forest that allows members of the public, for recreation, entertainment, or education 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 not an agritourism activity if the participant is paid to participate in the activity;
(2)"Charge," the admission price or fee asked in return for an invitation or permission to enter on or use 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;
(3)"Inherent risk," the conditions, dangers, or hazards that are an integral part of the land used for agricultural purposes, including:
(a)Surface and subsurface conditions and natural conditions of land, vegetation, and waters;
(b)The behavior of wild and domestic animals;
(c)The ordinary dangers of structures or equipment ordinarily used in farming or ranching operations, if the structures or equipment are used for farming or ranching purposes;
(d)The potential of a participant in an agritourism activity to act in a negligent way that may contribute to an injury to the participant or others, whether by failing to follow safety procedures or by failing to act with reasonable caution while engaging in the agritourism activity;
(4)"Land," land, trails, water, watercourses, private ways, and structures, and machinery or equipment if attached to the realty;
(5)"Outdoor recreational activity," 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, or viewing or enjoying historical, archaeological, scenic, or scientific sites, or an agritourism activity;
(6)"Owner," the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the land;
(7)"Participant," an individual who, for purposes of outdoor recreational activity, enters on or uses the land of another but does not include an owner of the land or an agent, employee, or contractor of an owner of the land.
Source: SL 1987, ch 158, §1; SL 1990, ch 154; SL 2010, ch 109, §1; SL 2012, ch 117, §1; SL 2022, ch 57, §1.
2023 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 recreational activity—Exception.

20-9-13. Landowner not obligated to keep land safe for outdoor recreational activity—Exception.
Except as provided in §20-9-16, an owner of land owes no duty of care to keep the land safe for entry on or use by any participant for outdoor recreational activity, or to give any warning of a dangerous condition, use, structure, or activity on the owner's land to any participant entering on or using the land for outdoor recreational activity.
Source: SL 1987, ch 158, §2; SL 2010, ch 109, §2; SL 2022, ch 57, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-14 - Individual on private land for outdoor recreational activity--Landowner not liable--Exceptions.

20-9-14. Individual on private land for outdoor recreational activity--Landowner not liable--Exceptions.
Except as provided in §20-9-16, an owner of land who either directly or indirectly invites or permits without charge any participant to enter on or use the owner's land for outdoor recreational activity, or an owner upon whose land an individual has entered 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 the maintenance of the land.
Source: SL 1987, ch 158, §3; SL 1990, ch 155; SL 1991, ch 24, §6; SL 2010, ch 109, §3; SL 2022, ch 57, §3.
2023 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 activity.

20-9-15. Landowner liability for land leased to state or its political subdivisions for outdoor recreation activity.
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 activity.
Source: SL 1987, ch 158, §4; SL 2010, ch 109, §4; SL 2022, ch 57, §4.
2023 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 participant, except as provided in §20-9-16.1 or except 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 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; SL 2022, ch 57, §5.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-16.1 - Injury or death resulting from inherent risk of an agritourism activity--Warning notice.

20-9-16.1. Injury or death resulting from inherent risk of an agritourism activity--Warning notice.
The provisions of subdivision 20-9-16(2) do not apply to injury to an individual or property resulting from inherent risk of an agritourism activity if the owner charges a participant for entry on or use of the land for the agritourism activity and the owner:
(1)Posts and maintains signage containing the warning, described in this section, in a clearly visible and conspicuous location at or near the entrance to the land used for the agritourism activity; and
(2)Includes the warning, described in this section, in a written contract between the owner and any participant who is charged to enter on or use the land for the agritourism activity.
The warning shall include the following: WARNING-Under South Dakota law, an owner of property, including lands and waters, who charges individuals an admission price or fee to participate in an agritourism activity on the owner's property, is not liable for injury to or death of a participant in the agritourism activity or damage to the participant’s property of the injury or damage resulted from an inherent risk of the agritourism activity. Inherent risks are conditions, dangers, or hazards that are an integral part of the land used for agritourism activity, including surface and subsurface conditions and natural conditions of the land, vegetation, and waters; the behavior of wild or domestic animals; the ordinary dangers of structures or equipment ordinarily used in farming or ranching operations when such structures or equipment are used for farming or ranching purposes; and the potential for you or another participant to act in a negligent way that may contribute to your injury, death or damages. You are assuming the risk of participating in the agritourism activity for which you are entering on or using the owner’s land.
Source: SL 2022, ch 57, §7.
2023 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 entering on or using the land of another for outdoor recreational activity from any obligation which the person may have in the absence of §§20-9-12 to 20-9-18, inclusive, to exercise care in the person's entry on or use of the land, or from the legal consequences of failure to employ such care.
Source: SL 1987, ch 158, §6; SL 2010, ch 109, §6; SL 2022, ch 57, §6.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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
2023 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
2023 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
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.