S.D. Codified Laws § 38-19-36.8

Current through the 2024 Legislative Session
Section 38-19-36.8 - Assumption of risk by person tampering with anhydrous ammonia-Immunity from liability for owners

Any person tampering with or assisting in tampering with anhydrous ammonia assumes the risk of personal injury, death, and any other economic or noneconomic loss or damage arising from tampering with or assisting in tampering with anhydrous ammonia. An owner of anhydrous ammonia is not liable to such person for personal injury, death, or any other economic or noneconomic loss or damage arising out of tampering with or assisting in tampering with anhydrous ammonia, except in any case in which such loss or damage was caused by conduct of the owner that was willful, wanton, reckless, or grossly negligent.

SDCL 38-19-36.8

SL 2004, ch 258, §1.