South Dakota Codified Laws 34-18-41. Camping liability–Immunity not granted
The provisions of § 34-18-40 do not limit the liability of a private campground owner or an employee or officer of a private campground owner who:
(1) Intentionally causes the injury, death, or property damage;
Terms Used In South Dakota Codified Laws 34-18-41
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(2) Acts with a willful or wanton disregard for the safety of the person or property damaged. This includes conduct committed with an intentional or reckless disregard for the safety of others;
(3) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
(4) Fails to conspicuously post warning signs of a dangerous, inconspicuous condition known to the owner of the private campground, or his or her employees or officers, on the property that the owner owns, leases, rents, or is otherwise in lawful control of or in possession of, if the owner, employee, or officer is aware of the condition by reason of a prior injury involving the same location or the same mechanism of injury. Such warning signs must appear in black letters on a white background with each letter a minimum of one inch in height.
Source: SL 2022, ch 107, § 3.