South Dakota § 20-9-11.4 Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.

South Dakota Statutes

§ 20-9-11.4 — Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.

South Dakota § 20-9-11.4

Title 20PERSONAL RIGHTS AND OBLIGATIONS

Ch. 20-8LIABILITY FOR TORTS

This text of South Dakota § 20-9-11.4 (Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 20-9-11.4 (2026).

Text

A person with a possessory interest in land may be subject to liability for physical injury or death to a child thirteen years of age or younger resulting from an artificial condition on the land if:

(1)The person knew or had reason to know that children of that age were likely to trespass at the location of the artificial condition; and (2) The condition is one the person knew or reasonably should have known involved an unreasonable risk or death or serious bodily harm to such children; and (3) The injured child did not discover the artificial condition or realize the risk involved in the artificial condition or the risk coming within the area made dangerous by it; and (4) The utility to the person of maintaining the artificial condition and the burden of eliminating the dang

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A person with a possessory interest in land may be subject to liability for physical injury or death to a child thirteen years of age or younger resulting from an artificial condition on the land if: (1) The person knew or had reason to know that children of that age were likely to trespass at the location of the artificial condition; and (2) The condition is one the person knew or reasonably should have known involved an unreasonable risk or death or serious bodily harm to such children; and (3) The injured child did not discover the artificial condition or realize the risk involved in the artificial condition or the risk coming within the area made dangerous by it; and (4) The utility to the person of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and (5) The person failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child.