S.D. Codified Laws § 21-68-3

Current through the 2024 Legislative Session
Section 21-68-3 - Limitation-Actions-Owner-Premises

A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for damages for any injuries sustained from the individual's exposure to COVID-19, whether the exposure occurs on the premises or during any activity managed by the person who possesses or is in control of a premises unless the person who possesses or is in control of the premises intentionally exposes the individual to COVID-19 with the intent to transmit COVID-19. In alleging intentional exposure with the intent to transmit COVID-19, a party must state with particularity the circumstances constituting intentional exposure with the intent to transmit COVID-19 including all duty, breach, and intent elements and establish all elements by clear and convincing evidence.

SDCL 21-68-3

SL 2021, ch 91, §3.
Added by S.L. 2021, ch. 91,s. 3, eff. 7/1/2021.