{"data":{"id":"us-sd/sdcl-20-9-11.4","jurisdiction":"us-sd","citation":"SDCL § 20-9-11.4","heading":"Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.","body":"A person with a possessory interest in land may be subject to liability for physical injury or death to a child thirteen years of age or younger resulting from an artificial condition on the land if:\n(1) The person knew or had reason to know that children of that age were likely to trespass at the location of the artificial condition; and\n(2) The condition is one the person knew or reasonably should have known involved an unreasonable risk or death or serious bodily harm to such children; and\n(3) The injured child did not discover the artificial condition or realize the risk involved in the artificial condition or the risk coming within the area made dangerous by it; and\n(4) The utility to the person of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and\n(5) The person failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child.","path":["TITLE 20. PERSONAL RIGHTS AND OBLIGATIONS","CHAPTER 20-9. LIABILITY FOR TORTS"],"source_url":"https://sdlegislature.gov/Statutes/20-9-11.4","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"d3d183496677f1cff6776eca4562f711a1fd7d3ffa83133b4e07bb5d59c53c06","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-20-9-11.3","next":"us-sd/sdcl-20-9-11.5"},"notice":"GroundRules: Original legal text. Not legal advice."}