{"data":{"id":"us-sd/sdcl-20-9-11.5","jurisdiction":"us-sd","citation":"SDCL § 20-9-11.5","heading":"Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.","body":"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:\n(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\n(2) The trespasser's harm was cause by an artificial condition and:\n(a) The artificial condition was created or maintained by the person;\n(b) The person knew the artificial condition was likely to cause death or serious bodily injury to such a trespasser;\n(c) The artificial condition was of such a nature that the possessor had reason to believe that the trespasser would not discover it; and\n(d) The person failed to exercise reasonable care to warn the trespasser of the artificial condition and the risk involved.","path":["TITLE 20. PERSONAL RIGHTS AND OBLIGATIONS","CHAPTER 20-9. LIABILITY FOR TORTS"],"source_url":"https://sdlegislature.gov/Statutes/20-9-11.5","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"f0c603989bc0ebbb7bc63318c5c06659fd5dadb3b137997559f27092f543c8f1","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-20-9-11.4","next":"us-sd/sdcl-20-9-11.6"},"notice":"GroundRules: Original legal text. Not legal advice."}