Section 42-11-1 – Definition of terms.
42-11-1. Definition of terms. Terms used in this chapter mean: (1)”Engaging in an equine activity,” riding, training, racing, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management. The term does not include being a spectator at an equine […]
Section 42-11-2 – Persons exempt from liability.
42-11-2. Persons exempt from liability. No equine activity sponsor, equine professional, doctor of veterinary medicine, or any other person, is liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Source: SL 1993, ch 324, §2.
Section 42-11-3 – Conduct not exempt from liability.
42-11-3. Conduct not exempt from liability. Nothing in this chapter prevents or limits the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or other person: (1)Provides the equipment or tack, and knew or should have known that the equipment or tack was faulty, […]
Section 42-11-4 – Warranty or trespass unaffected.
42-11-4. Warranty or trespass unaffected. Nothing in this chapter prevents or limits the liability of an equine activity sponsor or equine professional for any injury involving an equine if the recovery is made pursuant to warranty or trespass. Source: SL 1993, ch 324, §4.
Section 42-11-5 – Warning signs–Placement–Size.
42-11-5. Warning signs–Placement–Size. Each equine professional shall post and maintain the following sign: WARNING Under South Dakota law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to §42-11-2. Such signs shall be placed in a […]
Section 42-12-7.1 – Definitions.
42-12-7.1. Definitions. Terms used in this chapter mean: (1)”Department,” the Department of Labor and Regulation; (2)”Commission,” the South Dakota Athletic Commission; (3)”Boxing,” the sport or practice of fighting with fists in which participants wear boxing gloves; (4)”Kickboxing,” the sport of attack and defense in which participants wear boxing gloves and throw punches as in boxing […]
Section 42-12-8 – South Dakota Athletic Commission created.
42-12-8. South Dakota Athletic Commission created. There is hereby created, within the jurisdiction of the Department of Labor and Regulation, the South Dakota Athletic Commission consisting of five members appointed by the Governor. Not all members may be of the same political party. One member shall have experience with, or have been active in boxing, […]
Section 42-12-8.1 – Terms–Vacancies.
42-12-8.1. Terms–Vacancies. Each appointment to the commission shall be for a period of three years except for the initial appointments which shall be for staggered terms. Each member shall serve until the expiration of the term for which the commissioner was appointed or until the member’s successor is appointed and qualified to serve on the […]
Section 42-10-5 – Inspection affidavit.
42-10-5. Inspection affidavit. The owner of an amusement ride shall file an inspection affidavit attesting that the amusement ride has passed the most recent annual inspection required in §42-10-4 with the sponsoring organization and the governing board of the local unit of government before the amusement ride is operated at each location. The inspection affidavit […]
Section 42-10-6 – Daily inspection–Standards–Record.
42-10-6. Daily inspection–Standards–Record. No person may operate an amusement ride unless a daily inspection is performed on each day of operation and the amusement ride meets the current American Society of Testing and Material Standards on Amusement Rides and Devices, F 770-13. An owner or operator of the amusement ride, or a certified amusement ride […]