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
JurisdictionSouth Dakota
Title 20PERSONAL RIGHTS AND OBLIGATIONS
Ch. 20-8LIABILITY FOR TORTS

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)
39 case citations
Wildeboer v. South Dakota Junior Chamber of Commerce, Inc.
1997 SD 33 (South Dakota Supreme Court, 1997)
33 case citations
Kern v. City of Sioux Falls
1997 SD 19 (South Dakota Supreme Court, 1997)
24 case citations
Vilhauer v. Horsemens' Sports, Inc.
1999 SD 93 (South Dakota Supreme Court, 1999)
17 case citations
Rantapaa v. Black Hills Chair Lift Co.
2001 SD 111 (South Dakota Supreme Court, 2001)
10 case citations
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
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Bluebook (online)
South Dakota § 20-9-16, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/20-9-16.