32-20-19 . Assumption of risk of injury.
A participant assumes the risks inherent in engaging in off-road vehicle activity. A participant is responsible for:
(1) Knowing the range of the participant's own ability to engage in off-road vehicle activity within the limits of the participant's ability considering the conditions;
(2) Maintaining control of the off-road vehicle's speed and course at all times while engaging in off-road vehicle activity;
(3) Heeding all posted warnings; and
(4) Refraining from acting in a manner that may cause or contribute to the injury of anyone.
The provisions of this section do not affect a product's liability cause of action based upon the design or manufacture of off-road vehicles or the safety equipment used incidental to the operation of an off-road vehicle.
Source: SL 2020, ch 120, ยง 3.
Structure South Dakota Codified Laws
Chapter 20 - Motorcycle Regulation
Section 32-20-1 - Definition of terms.
Section 32-20-4 - Protective helmet required for minor--Violation as misdemeanor.
Section 32-20-4.1 - Eye protective device or windscreen required--Violation as petty offense.
Section 32-20-4.2 - Protective devices not required of riders in enclosed cab.
Section 32-20-6.2 - Position of motorcyclist--Violation as misdemeanor.
Section 32-20-6.3 - Carrying package on motorcycle--Restrictions--Violation as misdemeanor.
Section 32-20-6.4 - Rider interfering with control or view of operator--Violation as misdemeanor.
Section 32-20-6.5 - Attachment to other vehicles prohibited--Violation as misdemeanor.
Section 32-20-7 - Renting motorcycle to unauthorized person--Violation as petty offense.
Section 32-20-8 - Permitting other person to operate rented motorcycle--Violation as petty offense.
Section 32-20-9 - Operation of motorcycle in park or recreation areas as petty offense.
Section 32-20-9.1 - Motorcycle entitled to full traffic lane--Violation as misdemeanor.
Section 32-20-9.2 - Motorcycle prohibited from overtaking in same lane--Violation as misdemeanor.
Section 32-20-9.3 - Motorcycle operation between lanes prohibited--Violation as misdemeanor.
Section 32-20-9.4 - Policemen exempt from restrictions on use of lanes.
Section 32-20-9.5 - Restriction to two abreast--Violation as misdemeanor.
Section 32-20-10 - Motorcycle use on special occasions.
Section 32-20-14 - Motorcycle safety education--Standards and procedures--Funding.
Section 32-20-15 - Budget and appropriation of revenue available for motorcycle safety education.
Section 32-20-16 - Display of blue light as part of rear brake light authorized.
Section 32-20-17 - Definitions.
Section 32-20-18 - Off-road vehicle activity.
Section 32-20-19 - Assumption of risk of injury.
Section 32-20-20 - Faulty equipment or unsafe conditions--Liability.