Landowners and Trespassing Liability: H.B. 1087 (2011)


Codifies existing South Dakota law with respect to trespassers by

Codifies existing South Dakota law with respect to trespassers by providing landowners immunity from liability for injuries to trespassers.  Provides that a landowner does not owe a duty of care to a trespasser and is immune from liability for any injury to a trespasser, unless the physical injury or death was intentionally caused.  Provides an exception for physical injury or death caused to a child thirteen years of age or younger resulting from an artificial condition on the land, if the landowner knew or had reason to know that children of that age were likely to trespass at the location of the artificial condition or if the person knew or should have known that the condition involved an unreasonable risk to such children.  The landowner also is liable for a child’s injury if the child did not realize the risk involved in the artificial condition, the utility to the person of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child, and the person failed to exercise reasonable care to eliminate the danger.

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