20-9-49. Circumstances under which liability of fishing tournament sponsor and others not limited.
Nothing in §§20-9-47 to 20-9-51, inclusive, prevents or limits the liability of a fishing tournament sponsor, a fishing professional, or any other person if the fishing tournament sponsor, fishing professional, or other person:
(1)Provides the equipment, boat, or watercraft, and knew or should have known that the equipment, boat, or watercraft was faulty, and the equipment, boat, or watercraft was faulty to the extent that it causes the injury; or provides the equipment, boat, or watercraft and fails to make reasonable and prudent efforts to determine the proper operating licensure and ability of the participant to engage safely in the fishing tournament and determine the ability of the participant to safely manage the equipment, boat, or watercraft based on the participant's representations of the participant's ability;
(2)Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustains any injury because of a dangerous latent condition that was known to the fishing tournament sponsor, fishing professional, or person and for which warning signs had not been conspicuously posted;
(3)Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that causes the injury; or
(4)Intentionally injures the participant.
Source: SL 2016, ch 115, §3.
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.