South Dakota Statutes

§ 9-38-105 — Municipality not liable for negligent injury in operation of playground and recreation system--Employee's rights preserved.

South Dakota § 9-38-105
JurisdictionSouth Dakota
Title 9MUNICIPAL GOVERNMENT
Ch. 9-37MUNICIPAL PARKS AND RECREATIONAL FACILITIES

This text of South Dakota § 9-38-105 (Municipality not liable for negligent injury in operation of playground and recreation system--Employee's rights preserved.) 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 § 9-38-105 (2026).

Text

No action shall lie against the recreation board or against the first or second class municipality or the governing body of the municipality to recover for injuries sustained by any person through the negligence of the officers or employees of the recreation board while engaged in the operation of a system of public recreation and playgrounds; provided that nothing herein contained shall operate to prevent any employee of the recreation board or of the municipality from maintaining an action to recover damages for injuries received in the course of his employment.

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Related

Oien v. City of Sioux Falls
393 N.W.2d 286 (South Dakota Supreme Court, 1986)
53 case citations
Unruh v. Davison County
2008 SD 9 (South Dakota Supreme Court, 2008)
13 case citations

Legislative History

SL 1949, ch 202, § 23A; SDC Supp 1960, § 45.3224; SL 1992, ch 60, § 2.

Nearby Sections

15
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Bluebook (online)
South Dakota § 9-38-105, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/9-38-105.