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§ 20-9-11-5 — South Dakota Law | CourtGPT
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South Dakota Legal Code

§ 20-9-11-5

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20-9-11.5. Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.A person with a possessory interest in land may be subject to liability for physical injury or death to a trespasser if the possessor knows, or from facts within the possessor's knowledge should have known, that trespassers consistently intrude upon a limited area of the possessor's land and:(1)The trespasser's harm was caused by the possessor's failure to carry on an activity involving a risk of death or serious bodily harm with reasonable care for the trespasser's safety; or(2)The trespasser's harm was cause by an artificial condition and:(a)The artificial condition was created or maintained by the person;(b)The person knew the artificial condition was likely to cause death or serious bodily injury to such a trespasser;(c)The artificial condition was of such a nature that the possessor had reason to believe that the trespasser would not discover it; and(d)The person failed to exercise reasonable care to warn the trespasser of the artificial condition and the risk involved. Source: SL 2011, ch 111, §4.