Title 20 — PERSONAL RIGHTS AND OBLIGATIONS

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 earl…

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 th…

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…

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 …

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…

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…

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.

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…

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.

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, a…

20-9-6.1 Claim of barratry. 20-9-7 Abduction, enticement and seduction forbidden by rights of personal relation. 20-9-8 Repealed 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 …

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.

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…

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.

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 perso…

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 commi…

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…

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…

There is established in the state treasury the riot boosting recovery fund. Money in the fund may be used to pay any claim for damages arising out of or in connection with a riot or may be transferred to the pipeline engagement activity coordination expenses fund. Interest earned…

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 ri…

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 c…

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…

Source: CivC 1877, § 33; CL 1887, § 2532; RCivC 1903, § 33; RC 1919, § 101; SDC 1939, § 47.0303; SL 2021, ch 93 , § 12.

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, u…