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S.D. Codified Laws § 20-9-45

Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors

Applied in 2 court decisions — leading case Gabriel v. Bauman (2014)

Most recently applied in Tammen and Jurgens v. Tronvold (September 2021)

Source: SL 2013, ch 103, § 3.

A nonprofit fire, ambulance, or search and rescue entity organized or incorporated in the State of South Dakota and its volunteer officers and directors are immune from civil liability for any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if:

(1) The individual was acting in good faith and within the scope of such individual's official functions and duties for the nonprofit organization or corporation; and

(2) The damage or injury was not caused by gross negligence or willful and wanton misconduct by such individual.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.