Are there any exceptions to premises liability law?

Yes, there are exceptions to premises liability law in South Dakota. Premises liability law in South Dakota generally holds a property owner responsible for a slip-and-fall accident that occurs on their property. However, South Dakota law does have some exceptions to this rule. An exception to the premises liability law may be granted if a guest or invitee willingly assumed their own risk by voluntarily and knowingly engaging in activity that could be reasonably assumed to be dangerous. In addition, if an invitee or guest failed to use caution or reasonable care while on the property, the property owner may not be held liable. Furthermore, if the hazardous condition that caused the slip-and-fall accident was open and obvious and the invitee should have seen it and taken steps to avoid it, the property owner may have a defense against liability. Additionally, if the property owner had no actual or constructive knowledge of the hazardous condition that caused the slip-and-fall, they may not be held responsible. Finally, a defense may also be available if the hazardous condition was caused by a third party, not the property owner. These are some of the potential exceptions to premises liability in South Dakota.

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