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Emergency Law Inventory | Full Law Text

Law Number

S.D. Codified Laws 34-48A-51

Summary Title

Liability: Providing Shelter

Summary

An individual who owns land and who, voluntarily and without compensation, allows others to use the land or buildings on the land for shelter during an actual disaster or during a training exercise will not be held legally responsible for injury, death, or damage to property occurring as a result of others using the land or buildings on the land.

Full Title

Immunity from liability of persons permitting use of property a shelter during emergency situations

Full Text

All functions under this chapter and all other activities relating to emergency management are governmental functions. Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with this chapter, or any order, rule promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of this state, is liable for the death of or injury to persons, or damage to property, as a result of such activity. The provisions of this section do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the worker’s compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.

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