No action shall lie against the board or against the first or second class municipality or the governing body of the municipality to recover for injuries sustained by any person through the negligence of the officers or employees of the board while engaged in the improvement, maintenance, or operation of property owned or operated as a park or used for park purposes; provided that nothing herein contained shall operate to prevent any employee of the board or of the municipality from maintaining an action to recover damages for injuries received in the course of his employment.
S.D. Codified Laws § 9-38-55
First or second class municipality not liable for negligent injuries in improvement or operation of park--Employee's rights preserved
Applied in 2 court decisions — leading case Oien v. City of Sioux Falls (1986)
Most recently applied in Oien v. City of Sioux Falls (September 1986)
Source: SL 1915, ch 260, § 65; RC 1919, § 6508; SL 1925, ch 237, § 9; SDC 1939, § 45.2539; SL 1992, ch 60, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.