S.D. Codified Laws § 20-9-16

Current with legislation signed by the governor on or before 3/6/2024

Section 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.

SDCL 20-9-16

SL 1987, ch 158, § 5; SL 2010, ch 109, §5; SL 2022, ch 57, §5.

Amended by S.L. 2022, ch. 57,s. 5, eff. 7/1/2022.