South Dakota § 34-18-39 - Definition of terms--Camping liability--Immunity.

§ 34-18-39. Definition of terms--Camping liability--Immunity.

Terms used in §§ 34-18-39 to 34-18-42, inclusive, mean:

(1)    "Camping," visiting, staying at, using, and leaving a private campground, including lodging of all types;

(2)    "Inherent risks of camping," dangers and hazards from:

(a)    Features of the natural world, such as trees, tree stumps, naturally occurring infectious agents, roots, brush, rocks, mud, sand, standing and moving water, and soil;

(b)    Uneven and unpredictable terrain;

(c)    Natural bodies of water and accessories permitting the use of natural bodies of water, including piers, docks, swimming and aquatic sports, or recreation facilities or areas;

(d)    A lack of lighting;

(e)    Campfires contained in or outside a fire pit or an enclosure provided by the private campground, bonfires, grass or brush fires, wildfires, and forest fires;

(f)    Weather;

(g)    Insects, birds, and other wildlife;

(h)    A violation of safety rules or a disregard for signs or other methods of communicating warnings;

(i)    Another camper or visitor at the private campground acting in a negligent manner, if the private campground owner or an employee or officer of the private campground owner is not involved;

(j)    Actions by a camper or visitor that exceed his or her physical limitations or abilities;

(k)    Actions by a camper or visitor involving climbing, rappelling, caving, mountaineering;

(l)    Fireworks of a camper, visitor, or offsite entity not authorized by the private campground owner or employee or officer of a private campground owner; and

(m)    Any person coming onto the campsite not reported to the private campground owner or an employee or officer of the private campground owner.

(3)    "Private campground," any parcel or tract of land, including buildings and other structures, that is owned or operated by a private property owner where five or more campsites are made available for use as temporary living quarters for recreational, camping, travel, or seasonal use. The term also includes recreational vehicle parks.

Source: SL 2022, ch 107, § 1.