2016 South Dakota Codified Laws
Title 20 - PERSONAL RIGHTS AND OBLIGATIONS
Chapter 09 - Liability For Torts
§ 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, ยง 5.
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