Section 42-10-8 – Certified amusement ride inspector defined.
42-10-8. Certified amusement ride inspector defined. For purposes of §§42-10-4 to 42-10-9, inclusive, a certified amusement ride inspector is either an employee of the insurance company that insures the amusement ride or an amusement ride inspector that carries a minimum of one hundred thousand dollars in errors and omissions insurance and is certified by the […]
Section 42-10-9 – Rider obedience of rules, warnings, and oral or prerecorded instructions–Contributory negligence.
42-10-9. Rider obedience of rules, warnings, and oral or prerecorded instructions–Contributory negligence. A rider on an amusement ride or an amusement device of a permanent nature is responsible for obeying all posted rules, warnings, and the oral or prerecorded instructions of the operator of the amusement ride or amusement device of a permanent nature, and […]
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 42-10-1 – Amusement ride defined.
42-10-1. Amusement ride defined. An amusement ride is any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. The term, amusement ride, does not include slides, playground equipment, coin-operated devices, or conveyances which operate […]
Section 42-10-2 – Liability insurance requirement.
42-10-2. Liability insurance requirement. No person may own, operate, or lease an amusement ride or an amusement device of a permanent nature in this state unless the person purchases insurance in an amount not less than one million dollars per occurrence and one million dollars in the aggregate against liability for injury or death to […]