South Dakota Codified Laws 20-9-11.5. Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area
A person with a possessory interest in land may be subject to liability for physical injury or death to a trespasser if the possessor knows, or from facts within the possessor’s knowledge should have known, that trespassers consistently intrude upon a limited area of the possessor’s land and:
(1) The trespasser’s harm was caused by the possessor’s failure to carry on an activity involving a risk of death or serious bodily harm with reasonable care for the trespasser’s safety; or
Terms Used In South Dakota Codified Laws 20-9-11.5
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) The trespasser’s harm was cause by an artificial condition and:
(a) The artificial condition was created or maintained by the person;
(b) The person knew the artificial condition was likely to cause death or serious bodily injury to such a trespasser;
(c) The artificial condition was of such a nature that the possessor had reason to believe that the trespasser would not discover it; and
(d) The person failed to exercise reasonable care to warn the trespasser of the artificial condition and the risk involved.
Source: SL 2011, ch 111, § 4.