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.
Latest News
View all news
Congressional Hearing on Bankruptcy to Address Mass Tort Litigation
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
Climate Lawsuits Don’t Belong In State Courts
By maintaining the clear distinction between the judiciary and policymaking, the court can help us navigate this critical issue with prudence and responsibility, safeguarding a sustainable future for all.
House Oversight Hearing on Third-Party Litigation Financing Applauded by ATRA
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system
Georgia Legislature Needs to Address Lawsuit Abuses
Together, let’s forge a legal landscape that makes equitable access to justice a living reality for all Georgians.
Private Attorneys Hired by State Should Not Reap a Windfall at Taxpayers’ Expense
This is an opportunity to reassess the practices and regulations surrounding private-attorney contracting and to enact reforms that promote fairness, transparency and value for taxpayer dollars.
ATRA Applauds 4th Circuit’s Denial of En Banc Review in Bestwall Litigation
Allowing the company to continue the bankruptcy process will help ensure equitable and efficient resolution in complex mass tort claims