An Act to establish immunity from liability for the inherent risks of camping.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

34-18-39. Definitions.

Terms used in §§ 34-18-39 through 34-18-41 mean:

1. "Camping," all aspects of visiting, staying at, using and leaving a private campground;

2. "Inherent risk of camping," a danger or condition that is part of camping, including dangers posed by any of the following:

   1. Features of the natural world including trees, naturally occurring infectious agents, tree stumps, roots, brush, rocks, mud, sand, standing water, and soil;

   2. Uneven or unpredictable terrain;

   3. Natural bodies of water and accessories permitting the use of natural bodies of water including piers, docks, swimming and aquatic sports or recreation facilities or areas;

   4. Another camper or visitor at the private campground acting in a negligent manner, when the campground owner or other campground employees are not involved;

   5. A lack of lighting, including lighting at campsites;

   6. Campfires in a fire pit or enclosure provided by the campground;

   7. Weather;

   8. Insects, birds, and other wildlife;

   9. Violation of safety rules or disregard for signs communicating warnings;

   10. Actions by the camper or visitor that exceed their physical limitations or abilities; or

   11. Animals of other campers or visitors that cause injury, unless the campground owner has accepted responsibility for the care of the animal;

3. "Private campground," a facility, owned and operated by a private property owner, that provides sites on which recreational vehicles, camping units, and tents may be placed for transient occupancy.

Section 2. That a NEW SECTION be added:

34-18-40. Private campgrounds--Immunity from liability.

Except as provided in § 34-18-41, a private campground, an owner or operator of a private campground, and any employee or officer of a private campground or private campground owner or operator are immune from civil liability for acts or omissions related to camping at a private campground if a person is injured or killed, or property is damaged as a result of an inherent risk of camping.

Section 3. That a NEW SECTION be added:

34-18-41. Immunity--Exceptions.

The immunity provided under § 34-18-40 does not apply if the person seeking immunity does any of the following:

1. Intentionally causes the injury, death, or property damage;

2. Commits an act or omission that constitutes negligence or reckless disregard for the safety of others, and that act or omission causes an injury or death; or

3. Fails to conspicuously post warning signs of any dangerous, inconspicuous condition known to the person on property that the person owns, leases, rents, or is otherwise in lawful control of or possession.