Title 20, PERSONAL RIGHTS AND OBLIGATIONS

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.

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 …

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…

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…

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…

One who willfully deceives another, with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers. Source: CivC 1877, § 974; CL 1887, § 3598; RCivC 1903, § 1292; RC 1919, § 796; SDC 1939, § 47.0401.

A deceit within the meaning of § 20-10-1 is either: (1) The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2) The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; (3) T…

One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit. Source: CivC 1877, § 976; CL 1887, § 3600; RCivC 1903, § 1294; RC 1919, § 79…

Terms used in this chapter mean: (1) "Agricultural food product," any food product of agriculture or aquaculture that is sold or distributed in a form that will perish or decay beyond marketability within a period of time; and (2) "Disparagement," dissemination in any manner to t…

Any producer of perishable agricultural food products who suffers damage as a result of another person's disparagement of any such perishable agricultural food product has a cause of action for damages and any other appropriate relief in a court of competent jurisdiction. Source:…

Any person who disparages a perishable agricultural food product with intent to harm the producer is liable to the producer for treble the damages so caused. Source: SL 1994, ch 159 , § 3.

Any civil action for damages for disparagement of perishable agricultural food products shall be commenced within one year after the cause of action accrues. Source: SL 1994, ch 159 , § 4.

Every person is obligated to refrain from infringing upon the right of others not to be defamed. Source: SDC 1939, § 47.0501.

Defamation is effected by: (1) Libel; or (2) Slander. Source: CivC 1877, § 28; CL 1887, § 2527; RCivC 1903, § 28; RC 1919, § 94; SDC 1939, § 47.0502.

Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in…

Slander is a false and unprivileged publication, other than libel, which: (1) Charges any person with crime, or with having been indicted, convicted, or punished for crime; (2) Imputes to him the present existence of an infectious, contagious, or loathsome disease; (3) Tends dire…

A privileged communication is one made: (1) In the proper discharge of an official duty; (2) In any legislative or judicial proceeding, or in any other official proceeding authorized by law; (3) In a communication, without malice, to a person interested therein, by one who is als…