Title 20, PERSONAL RIGHTS AND OBLIGATIONS

Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence. Source: CivC 1877, § 979; CL 1887, § 3603; RCivC…

The Legislature finds that in those actions founded upon an alleged want of ordinary care or skill the conduct of the responsible party must be shown to have been the proximate cause of the injury complained of. The Legislature also finds that the application of the so called los…

The Legislature intends only to abrogate the loss of chance doctrine expressly adopted by the court, thereby returning the common law of this state to its status immediately prior to the court's decision. The Legislature does not intend to affect any other rule or principle of st…

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 hazar…

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 produ…

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 o…

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.

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…

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.

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 …

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 possesso…

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 …

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 activi…

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 particip…

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…

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…

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 …

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 maint…

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 m…

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.

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 b…

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 plainti…

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 con…

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…

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 politic…

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.

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 D…

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 condi…

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 o…

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…

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.

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 …

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 an…

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 wit…

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 …

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 f…

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 res…

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 res…

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 res…

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 corp…

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 …

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 t…

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…

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 s…

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 om…

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 at…

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 en…

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 providi…

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, …

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.