§ 20-9-1 Responsibility for injury by willful act or negligence–Contributory negligence
§ 20-9-1.1 Loss of chance doctrine abrogated
§ 20-9-1.2 Other rules and principles not affected
§ 20-9-2 Comparative negligence–Reduction of damages
§ 20-9-3 Licensed medical practitioners immune from liability for emergency care
§ 20-9-4 Immunity of medical practitioner licensed in another state–Acts not deemed professional practice
§ 20-9-4.1 Immunity from liability for emergency care–Exception
§ 20-9-4.2 Physician treating minor without consent of parent or guardian–Immunity from liability–Treatments excepted
§ 20-9-4.3 Definition of terms
§ 20-9-4.4 Civil immunity for emergency use or nonuse of AED
§ 20-9-4.6 AED trainer immunity
§ 20-9-4.8 Immunity inapplicable in event of negligence or misconduct
§ 20-9-4.9 Over-the-counter AED–Application of chapter–Immunity from civil liability–Exception
§ 20-9-6 Right to protection from bodily harm, insult, or injury to personal relations
§ 20-9-6.1 Claim of barratry
§ 20-9-7 Abduction, enticement and seduction forbidden by rights of personal relation
§ 20-9-9 Product’s dealers and sellers immune from strict liability except for manufacturers or those who knew of defect–Other causes of action against seller not limited
§ 20-9-10 Product’s manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications
§ 20-9-10.1 State of the art defense in product liability actions
§ 20-9-11 Landowners, tenants, and lessees exempt from liability for injuries on flooded land–Exceptions
§ 20-9-11.1 Trespasser defined
§ 20-9-11.2 Person with possessory interest in land exempt from liability to trespasser–Exceptions
§ 20-9-11.3 Person with possessory interest in land liable to trespasser for intentional injury
§ 20-9-11.4 Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land
§ 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
§ 20-9-11.6 Person with possessory interest in land liable for injury to or death of certain known trespassers
§ 20-9-12 Definition of terms
§ 20-9-13 Landowner not obligated to keep land safe for outdoor recreational activity–Exception
§ 20-9-14 Individual on private land for outdoor recreational activity–Landowner not liable–Exceptions
§ 20-9-15 Landowner liability for land leased to state or its political subdivisions for outdoor recreation activity
§ 20-9-16 Landowner liability for gross negligence or injury suffered where consideration charged or law violated
§ 20-9-16.1 Injury or death resulting from inherent risk of an agritourism activity–Warning notice
§ 20-9-17 Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreation or agritourism
§ 20-9-18 Doctrine of attractive nuisance not affected
§ 20-9-19 Definition of terms as to political subdivisions
§ 20-9-20 Political subdivisions and employees not obligated to keep land safe for entry or use–Exceptions
§ 20-9-21 Liability of political subdivision or employees for invitational or permissive use of land
§ 20-9-22 Limits of political subdivision’s liability
§ 20-9-24 Definition of terms as to state
§ 20-9-25 State’s duty of care to keep land safe and to warn of dangers on land used for outdoor recreational purposes
§ 20-9-26 Liability of state, its agencies, and employees for invitational or permissive use of land
§ 20-9-27 Limits of state’s liability
§ 20-9-29 Definitions
§ 20-9-30 Livestock owners–Control by another person
§ 20-9-31 Livestock–Contract–Facilities
§ 20-9-32 Civil cause of action for malicious intimidation or harassment–Damages
§ 20-9-33 Civil liability for counterfeit lien
§ 20-9-34 Civil liability for harassment by threat of fraudulent legal proceedings or liens
§ 20-9-35 Civil liability for impersonating a judicial official
§ 20-9-36 Definitions related to asbestos claims
§ 20-9-37 Asbestos claim defined
§ 20-9-38 Successor asbestos-related liabilities defined
§ 20-9-39 Limitation on cumulative successor asbestos-related liabilities
§ 20-9-40 Limitation where transferor assumed or incurred liabilities of prior transferor
§ 20-9-41 Total gross assets defined–Determination of fair market value
§ 20-9-42 Adjustment of fair market value of total gross assets
§ 20-9-43 Exclusions from limitation on cumulative successor asbestos-related liabilities
§ 20-9-44 Limitation of action for personal injury or death caused by negligence of directors and officers of nonprofit fire, ambulance, or search and rescue entity or its employees and volunteers
§ 20-9-45 Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors
§ 20-9-46 Wrongful human trafficking
§ 20-9-47 Definitions pertaining to fishing tournaments
§ 20-9-48 Limited liability of fishing tournament sponsors
§ 20-9-49 Circumstances under which liability of fishing tournament sponsor and others not limited
§ 20-9-50 Fishing professionals and tournament sponsors liable for warranty and trespass
§ 20-9-51 Warning sign to be posted by fishing professionals and tournament sponsors–Warning notice in contracts
§ 20-9-52 Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other communicable disease
§ 20-9-53 Definitions
§ 20-9-54 Liability for riot and incitement to riot
§ 20-9-55 Jurisdiction–Evidence–Procedure
§ 20-9-56 Damages for riot or incitement to riot
§ 20-9-57 Riot boosting recovery fund established
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Terms Used In South Dakota Codified Laws > Title 20 > Chapter 9 - Liability for Torts

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2