South Dakota Statutes
§ 20-9-16 — Landowner liability for gross negligence or injury suffered where consideration charged or law violated.
South Dakota § 20-9-16
This text of South Dakota § 20-9-16 (Landowner liability for gross negligence or injury suffered where consideration charged or law violated.) 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 § 20-9-16 (2026).
Text
Nothing in §§ 20-9-12 to 20-9-18 , inclusive, limits in any way any liability which otherwise exists:
(1)For gross negligence or willful or wanton misconduct of the owner;
(2)For injury suffered in any case where the owner of land charges any participant, except as provided in § 20-9-16.1 or except in the case of land leased to the state or a political subdivision of the state, any consideration received by the owner for the lease may not be deemed a charge within the meaning of this section nor may any incentive payment paid to the owner by the state or federal government to promote public access for outdoor recreational activities be considered a charge; or (3) For injury suffered in any case where the owner has violated a county or municipal ordinance or state law which viola
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Related
Johnson v. Rapid City Softball Ass'n
514 N.W.2d 693 (South Dakota Supreme Court, 1994)
Wildeboer v. South Dakota Junior Chamber of Commerce, Inc.
1997 SD 33 (South Dakota Supreme Court, 1997)
Linda Henderson Robert Henderson, III Eric Henderson Dorothy Henderson v. United States
965 F.2d 1488 (Eighth Circuit, 1992)
Kern v. City of Sioux Falls
1997 SD 19 (South Dakota Supreme Court, 1997)
Vilhauer v. Horsemens' Sports, Inc.
1999 SD 93 (South Dakota Supreme Court, 1999)
Rantapaa v. Black Hills Chair Lift Co.
2001 SD 111 (South Dakota Supreme Court, 2001)
Wildeboer v. SD Jr. Chamber of Commerce
1997 SD 33 (South Dakota Supreme Court, 1997)
Legislative History
SL 1987, ch 158, § 5; SL 2010, ch 109, § 5; SL 2022, ch 57, § 5.
Nearby Sections
15
§ 20-1-1
Obligation defined.§ 20-1-2
Origin of obligations.§ 20-10-2
Acts constituting deceit.§ 20-10A-1
Definition of terms.§ 20-10A-2
Cause of action for damages.§ 20-10A-3
Liability for damages.§ 20-10A-4
Limitation on actions for damages.§ 20-11-2
Classes of defamation.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 20-9-16, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/20-9-16.