20-9-1. Responsibility for injury by willful act or negligence–Contributory negligence. Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence. Source: CivC 1877, §979; CL […]
20-9-1.1.Loss of chance doctrine abrogated. The Legislature finds that in those actions founded upon an alleged want of ordinary care or skill the conduct of the responsible party must be shown to have been the proximate cause of the injury complained of. The Legislature also finds that the application of the so called loss of […]
20-9-1.2. Other rules and principles not affected. The Legislature intends only to abrogate the loss of chance doctrine expressly adopted by the court, thereby returning the common law of this state to its status immediately prior to the court’s decision. The Legislature does not intend to affect any other rule or principle of statutory or […]
20-9-10. Product’s manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications. No manufacturer, assembler, or seller of a product may be held liable for damages for personal injury, death, or property damage sustained by reason of the doctrine of strict liability in tort based on a defect in […]
20-9-10.1. State of the art defense in product liability actions. In any product liability action based upon negligence or strict liability, whether the design, manufacture, inspection, testing, packaging, warning, or labeling was in conformity with the generally recognized and prevailing state of the art existing at the time the specific product involved was first sold […]
20-9-11. Landowners, tenants, and lessees exempt from liability for injuries on flooded land–Exceptions. Notwithstanding the provisions of subdivision 20-9-16(1), no cause of action may arise against the owner, tenant, or lessee of any real estate for any injury to any person or death resulting therefrom or damage to property of such person when such person […]
20-9-11.1. Trespasser defined. For the purposes of §§20-9-11.2 to 20-9-11.6, inclusive, a trespasser is any person who enters on the property of another without permission and without an invitation, express or implied. Source: SL 2011, ch 111, §6.
20-9-11.2. Person with possessory interest in land exempt from liability to trespasser–Exceptions. No person with a possessory interest in land, including an owner, lessee, or other occupant, owes any duty of care to a trespasser nor is subject to liability for any injury to a trespasser except as provided in §§20-9-11.3 to 20-9-11.6, inclusive. Source: […]
20-9-11.3. Person with possessory interest in land liable to trespasser for intentional injury. A person with a possessory interest in land may be subject to liability if the trespasser’s physical injury or death was intentionally caused, including by entrapment, and if the injury or death was not justifiable pursuant to §22-18-4. Source: SL 2011, ch […]
20-9-11.4. Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land. A person with a possessory interest in land may be subject to liability for physical injury or death to a child thirteen years of age or younger resulting from an artificial condition on […]
20-9-11.5. Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area. A person with a possessory interest in land may be subject to liability for physical injury or death to a trespasser if the possessor knows, or from facts within the possessor’s knowledge […]
20-9-11.6. Person with possessory interest in land liable for injury to or death of certain known trespassers. A person with a possessory interest in land may be subject to liability for physical injury or death to a known trespasser if: (1)The trespasser was harmed as a result of the person’s failure to carry on dangerous […]
20-9-12. Definition of terms. Terms used in §§20-9-12 to 20-9-18, inclusive, mean: (1)”Agritourism activity,” any activity carried out on a farm, on a ranch, or in a forest that allows members of the public, for recreation, entertainment, or education purposes, to view or participate in agricultural activities, including farming, ranching, historical, cultural, harvest-your-own, or nature-based […]
20-9-13. Landowner not obligated to keep land safe for outdoor recreational activity—Exception. Except as provided in §20-9-16, an owner of land owes no duty of care to keep the land safe for entry on or use by any participant for outdoor recreational activity, or to give any warning of a dangerous condition, use, structure, or […]
20-9-14. Individual on private land for outdoor recreational activity–Landowner not liable–Exceptions. Except as provided in §20-9-16, an owner of land who either directly or indirectly invites or permits without charge any participant to enter on or use the owner’s land for outdoor recreational activity, or an owner upon whose land an individual has entered pursuant […]
20-9-15. Landowner liability for land leased to state or its political subdivisions for outdoor recreation activity. Unless otherwise agreed in writing, the provisions of §§20-9-13 and 20-9-14 apply to the duties and liability of an owner of land leased to the state or any political subdivision of the state for outdoor recreational activity. Source: SL […]
20-9-16. Landowner liability for gross negligence or injury suffered where consideration charged or law violated. Nothing in §§20-9-12 to 20-9-18, inclusive, limits in any way any liability which otherwise exists: (1)For gross negligence or willful or wanton misconduct of the owner; (2)For injury suffered in any case where the owner of land charges any participant, […]
20-9-16.1. Injury or death resulting from inherent risk of an agritourism activity–Warning notice. The provisions of subdivision 20-9-16(2) do not apply to injury to an individual or property resulting from inherent risk of an agritourism activity if the owner charges a participant for entry on or use of the land for the agritourism activity and […]
20-9-17. Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreation or agritourism. Sections 20-9-12 to 20-9-18, inclusive, may not be construed to create a duty of care or ground of liability for injury to persons or property, or relieve any person entering on or using […]
20-9-18. Doctrine of attractive nuisance not affected. Sections 20-9-12 to 20-9-18, inclusive, does not affect the doctrine of attractive nuisance or other legal doctrines relating to liability arising from artificial conditions highly dangerous to children. Source: SL 1987, ch 158, §7.
