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Code · South Dakota · Title 20 · Chapter 20-9

20-9-11.6. Person with possessory interest in land liable for injury to or death of certain known trespassers.

198 words·~1 min read·/sd/title-20/chapter-20-9/20-9-11-6·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A person with a possessory interest in land may be subject to liability for physical injury or death to a known trespasser if:
(1)The trespasser was harmed as a result of the person's failure to carry on dangerous activities on the land with reasonable care for the trespasser's safety;
(2)The trespasser was harmed as a result of the possessor's failure to exercise reasonable care to warn the trespasser about an artificial condition maintained by the person, the artificial condition involved a risk of death or serious bodily injury, and the artificial condition was of such a nature that the person had reason to believe the trespasser would not discover the artificial condition or realize the risk involved; or
(3)The person knew or had reason to know that the trespasser was in dangerous proximity to a moving force in the person's immediate control just before the harm occurred, and the trespasser was harmed as a result of the person's failure to exercise reasonable care so as to prevent the force from harming the trespasser or failed to exercise reasonable care to provide a warning that was reasonably adequate to allow the trespasser to avoid the harm.
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

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