Risks Connected with Recreational Activities By Rob Anderson, General Counsel to the South Dakota Public Assurance Alliance
As you can see, the types of activities listed are extremely broad.
Most municipalities and many counties own or operate some type of park, walking trail, campground, or other recreational area. Many of these areas do not involve direct supervision by employees of the municipality or county. For that reason and many others, the type of liability exposure that exists and arises from providing recreational opportunities to users is limited only by your imagination.
SDCL §20-9-21 goes on to provide that political subdivisions and their employees, by either directly or indirectly inviting or permitting people to use land described for “outdoor recreational purposes”, or by charging a fee for admittance to parks, campgrounds, or other such areas, do not: “(1) Extend any assurance that the land is safe for any purpose; or (2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or (3) Assume responsibility for, or incur liability for, any injury to persons or property caused by an act or omission of the political subdivision of South Dakota, and its employees as to maintenance of the land.”
In part because of this, the South Dakota Legislature has seen fit to create certain statutory immunities which protect political subdivisions of the State and their employees from most liability arising from the ownership or operation of outdoor recreational areas. Municipalities and counties should be aware of these immunities and their limitations. SDCL §20-9-20 provides that subject to certain limitations, no political subdivision of the State or its employees have a duty of care to keep land safe for entry or use by others for “outdoor recreational purpose”, or to give any warning of a dangerous condition, use, structure or activity on the land to persons entering the land to engage in outdoor recreational activities.
In summary, owning, maintaining, operating and inviting people to use various recreational areas or to engage in various recreational activities does not expose a municipality or a county or their employees to the type of liability that would otherwise exist, but for these statutes.
The term “outdoor recreational purpose” is defined as any of the following activities or any combination: “…hunting, fishing, swimming other than in a swimming pool, boating, canoeing, kayaking, camping, picnicking, hiking, biking, skateboarding, in-line skating, sledding, horseback riding, off-road driving, nature study, waterskiing, team sports, snowmobiling, skiing, climbing, spelunking, para-sailing, hang-gliding, shooting, observing wildlife, viewing or enjoying historical, archaeological, scenic or scientific sites, or engaging in any other form of outdoor sport or recreational activity of any sort.”
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SOUTH DAKOTA MUNICIPALITIES
