S.D. Codified Laws ch. 20-9 – Liability for Torts | Midpage

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South Dakota Codified Laws

Chapter 20-9

S.D. Codified Laws ch. 20-9

Liability for Torts

20-9-1Responsibility for injury by willful act or negligence--Contributory negligence.20-9-1.1Loss of chance doctrine abrogated.20-9-1.2Other rules and principles not affected.20-9-2Comparative negligence--Reduction of damages.20-9-3Licensed medical practitioners immune from liability for emergency care.20-9-4Immunity of medical practitioner licensed in another state--Acts not deemed professional practice.20-9-4.1Immunity from liability for emergency care--Exception.20-9-4.2Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted.20-9-4.3Definition of terms.20-9-4.4Civil immunity for emergency use or nonuse of AED.20-9-4.6AED trainer immunity.20-9-4.8Immunity inapplicable in event of negligence or misconduct.20-9-4.9Over-the-counter AED--Application of chapter--Immunity from civil liability--Exception.20-9-6Right to protection from bodily harm, insult, or injury to personal relations.20-9-6.1Claim of barratry.20-9-7Abduction, enticement and seduction forbidden by rights of personal relation.20-9-9Product's dealers and sellers immune from strict liability except for manufacturers or those who knew of defect--Other causes of action against seller not limited.20-9-10Product's manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications.20-9-10.1State of the art defense in product liability actions.20-9-11Landowners, tenants, and lessees exempt from liability for injuries on flooded land--Exceptions.20-9-11.1Trespasser defined.20-9-11.2Person with possessory interest in land exempt from liability to trespasser--Exceptions.20-9-11.3Person with possessory interest in land liable to trespasser for intentional injury.20-9-11.4Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.20-9-11.5Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.20-9-11.6Person with possessory interest in land liable for injury to or death of certain known trespassers.20-9-12Definition of terms.20-9-13Landowner not obligated to keep land safe for outdoor recreational activity—Exception.20-9-14Individual on private land for outdoor recreational activity--Landowner not liable--Exceptions.20-9-15Landowner liability for land leased to state or its political subdivisions for outdoor recreation activity.20-9-16Landowner liability for gross negligence or injury suffered where consideration charged or law violated.20-9-16.1Injury or death resulting from inherent risk of an agritourism activity--Warning notice.20-9-17Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreation or agritourism.20-9-18Doctrine of attractive nuisance not affected.20-9-19Definition of terms as to political subdivisions.20-9-20Political subdivisions and employees not obligated to keep land safe for entry or use--Exceptions.20-9-21Liability of political subdivision or employees for invitational or permissive use of land.20-9-22Limits of political subdivision's liability.20-9-23Effect of §§ 20-9-19 to 20-9-23 on attractive nuisance or other legal doctrines.20-9-24Definition of terms as to state.20-9-25State's duty of care to keep land safe and to warn of dangers on land used for outdoor recreational purposes.20-9-26Liability of state, its agencies, and employees for invitational or permissive use of land.20-9-27Limits of state's liability.20-9-28Effect of §§ 20-9-24 to 20-9-28 on attractive nuisance or other legal doctrines.20-9-29Definitions.20-9-30Livestock owners--Control by another person.20-9-31Livestock--Contract--Facilities.20-9-32Civil cause of action for malicious intimidation or harassment--Damages.20-9-33Civil liability for counterfeit lien.20-9-34Civil liability for harassment by threat of fraudulent legal proceedings or liens.20-9-35Civil liability for impersonating a judicial official.20-9-36Definitions related to asbestos claims.20-9-37Asbestos claim defined.20-9-38Successor asbestos-related liabilities defined.20-9-39Limitation on cumulative successor asbestos-related liabilities.20-9-40Limitation where transferor assumed or incurred liabilities of prior transferor.20-9-41Total gross assets defined--Determination of fair market value.20-9-42Adjustment of fair market value of total gross assets.20-9-43Exclusions from limitation on cumulative successor asbestos-related liabilities.20-9-44Limitation of action for personal injury or death caused by negligence of directors and officers of nonprofit fire, ambulance, or search and rescue entity or its employees and volunteers.20-9-45Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors.20-9-46Wrongful human trafficking.20-9-47Definitions pertaining to fishing tournaments.20-9-48Limited liability of fishing tournament sponsors.20-9-49Circumstances under which liability of fishing tournament sponsor and others not limited.20-9-50Fishing professionals and tournament sponsors liable for warranty and trespass.20-9-51Warning sign to be posted by fishing professionals and tournament sponsors--Warning notice in contracts.20-9-52Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other communicable disease.20-9-53Definitions.20-9-54Liability for riot and incitement to riot.20-9-55Jurisdiction--Evidence--Procedure.20-9-56Damages for riot or incitement to riot.20-9-57Riot boosting recovery fund established.