2016 South Dakota Codified Laws
Title 20 - PERSONAL RIGHTS AND OBLIGATIONS
Chapter 09 - Liability For Torts
§ 20-9-16 Landowner liability for gross negligence or injury suffered where consideration charged or law violated.
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 person who enters or goes on the land for the outdoor recreational use of the land or for agritourism activity, except that 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 purposes or agritourism 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.
Source: SL 1987, ch 158, § 5; SL 2010, ch 109, § 5.
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