§ 20-9-16 Landowner liability for gross negligence or injury suffered where consideration charged or law violated.

SD Codified L § 20-9-16 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

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.

Previous Section

§ 20-9-15 Landowner liability for land leased to state or its political subdivisions for outdoor recreation or agritourism.

Next Section

§ 20-9-17 Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreation or agritourism.