20-9-16.1. Injury or death resulting from inherent risk of an agritourism activity--Warning notice.
The provisions of subdivision 20-9-16(2) do not apply to injury to an individual or property resulting from inherent risk of an agritourism activity if the owner charges a participant for entry on or use of the land for the agritourism activity and the owner:
(1)Posts and maintains signage containing the warning, described in this section, in a clearly visible and conspicuous location at or near the entrance to the land used for the agritourism activity; and
(2)Includes the warning, described in this section, in a written contract between the owner and any participant who is charged to enter on or use the land for the agritourism activity.
The warning shall include the following: WARNING-Under South Dakota law, an owner of property, including lands and waters, who charges individuals an admission price or fee to participate in an agritourism activity on the owner's property, is not liable for injury to or death of a participant in the agritourism activity or damage to the participant’s property of the injury or damage resulted from an inherent risk of the agritourism activity. Inherent risks are conditions, dangers, or hazards that are an integral part of the land used for agritourism activity, including surface and subsurface conditions and natural conditions of the land, vegetation, and waters; the behavior of wild or domestic animals; the ordinary dangers of structures or equipment ordinarily used in farming or ranching operations when such structures or equipment are used for farming or ranching purposes; and the potential for you or another participant to act in a negligent way that may contribute to your injury, death or damages. You are assuming the risk of participating in the agritourism activity for which you are entering on or using the owner’s land.
Source: SL 2022, ch 57, §7.
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Chapter 09 - Liability For Torts
Section 20-9-1 - Responsibility for injury by willful act or negligence--Contributory negligence.
Section 20-9-1.1 - Loss of chance doctrine abrogated.
Section 20-9-1.2 - Other rules and principles not affected.
Section 20-9-2 - Comparative negligence--Reduction of damages.
Section 20-9-3 - Licensed medical practitioners immune from liability for emergency care.
Section 20-9-4.1 - Immunity from liability for emergency care--Exception.
Section 20-9-4.3 - Definition of terms.
Section 20-9-4.4 - Civil immunity for emergency use or nonuse of AED.
Section 20-9-4.6 - AED trainer immunity.
Section 20-9-4.8 - Immunity inapplicable in event of negligence or misconduct.
Section 20-9-6 - Right to protection from bodily harm, insult, or injury to personal relations.
Section 20-9-6.1 - Claim of barratry.
Section 20-9-7 - Abduction, enticement and seduction forbidden by rights of personal relation.
Section 20-9-10.1 - State of the art defense in product liability actions.
Section 20-9-11.1 - Trespasser defined.
Section 20-9-12 - Definition of terms.
Section 20-9-18 - Doctrine of attractive nuisance not affected.
Section 20-9-19 - Definition of terms as to political subdivisions.
Section 20-9-22 - Limits of political subdivision's liability.
Section 20-9-23 - Effect of §§20-9-19 to 20-9-23 on attractive nuisance or other legal doctrines.
Section 20-9-24 - Definition of terms as to state.
Section 20-9-27 - Limits of state's liability.
Section 20-9-28 - Effect of §§20-9-24 to 20-9-28 on attractive nuisance or other legal doctrines.
Section 20-9-29 - Definitions.
Section 20-9-30 - Livestock owners--Control by another person.
Section 20-9-31 - Livestock--Contract--Facilities.
Section 20-9-32 - Civil cause of action for malicious intimidation or harassment--Damages.
Section 20-9-33 - Civil liability for counterfeit lien.
Section 20-9-34 - Civil liability for harassment by threat of fraudulent legal proceedings or liens.
Section 20-9-35 - Civil liability for impersonating a judicial official.
Section 20-9-36 - Definitions related to asbestos claims.
Section 20-9-37 - Asbestos claim defined.
Section 20-9-38 - Successor asbestos-related liabilities defined.
Section 20-9-39 - Limitation on cumulative successor asbestos-related liabilities.
Section 20-9-40 - Limitation where transferor assumed or incurred liabilities of prior transferor.
Section 20-9-41 - Total gross assets defined--Determination of fair market value.
Section 20-9-42 - Adjustment of fair market value of total gross assets.
Section 20-9-43 - Exclusions from limitation on cumulative successor asbestos-related liabilities.
Section 20-9-46 - Wrongful human trafficking.
Section 20-9-47 - Definitions pertaining to fishing tournaments.
Section 20-9-48 - Limited liability of fishing tournament sponsors.
Section 20-9-50 - Fishing professionals and tournament sponsors liable for warranty and trespass.
Section 20-9-53 - Definitions.
Section 20-9-54 - Liability for riot and incitement to riot.
Section 20-9-55 - Jurisdiction--Evidence--Procedure.