2021 South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Chapter 09 - Liability For Torts
Section 20-9-11.4 - Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.
20-9-11.4. Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.
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 to trespass at the location of the artificial condition; and
(2)The condition is one the person knew or reasonably should have known involved an unreasonable risk or death or serious bodily harm to such children; and
(3)The injured child did not discover the artificial condition or realize the risk involved in the artificial condition or the risk coming within the area made dangerous by it; and
(4)The utility to the person of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and
(5)The person failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child.
Source: SL 2011, ch 111, ยง3.
