15-2A-4. Persons in control of improvement may not assert limitation.The limitation in §15-2A-3 may not be asserted by way of defense by any person in actual possession and control as owner, tenant or otherwise, of the improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action. Source: SL 1985, ch 156, §4.
South Dakota Legal Code