South Dakota § 20-9-11.5 Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.

South Dakota Statutes

§ 20-9-11.5 — Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.

South Dakota § 20-9-11.5

Title 20PERSONAL RIGHTS AND OBLIGATIONS

Ch. 20-8LIABILITY FOR TORTS

This text of South Dakota § 20-9-11.5 (Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.) 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 § 20-9-11.5 (2026).

Text

A person with a possessory interest in land may be subject to liability for physical injury or death to a trespasser if the possessor knows, or from facts within the possessor's knowledge should have known, that trespassers consistently intrude upon a limited area of the possessor's land and:

(1)The trespasser's harm was caused by the possessor's failure to carry on an activity involving a risk of death or serious bodily harm with reasonable care for the trespasser's safety; or (2) The trespasser's harm was cause by an artificial condition and:

(a)The artificial condition was created or maintained by the person;

(b)The person knew the artificial condition was likely to cause death or serious bodily injury to such a trespasser;

(c)The artificial condition was of such a na

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A person with a possessory interest in land may be subject to liability for physical injury or death to a trespasser if the possessor knows, or from facts within the possessor's knowledge should have known, that trespassers consistently intrude upon a limited area of the possessor's land and: (1) The trespasser's harm was caused by the possessor's failure to carry on an activity involving a risk of death or serious bodily harm with reasonable care for the trespasser's safety; or (2) The trespasser's harm was cause by an artificial condition and: (a) The artificial condition was created or maintained by the person; (b) The person knew the artificial condition was likely to cause death or serious bodily injury to such a trespasser; (c) The artificial condition was of such a nature that the possessor had reason to believe that the trespasser would not discover it; and (d) The person failed to exercise reasonable care to warn the trespasser of the artificial condition and the risk involved.