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

South Dakota Statutes

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

South Dakota § 20-9-11.6

Title 20PERSONAL RIGHTS AND OBLIGATIONS

Ch. 20-8LIABILITY FOR TORTS

This text of South Dakota § 20-9-11.6 (Person with possessory interest in land liable for injury to or death of certain known trespassers.) 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 § 20-9-11.6 (2026).

Text

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 da

Free access — add to your briefcase to read the full text and ask questions with AI

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.