Bill Provides Campground Owners Immunity From Acts of Nature

PIERRE, S.D. (AP) — A bill that provides immunity for campground owners whose guests encounter the inherent risks of outdoor camping is headed for the governor’s desk.

Both chambers of the South Dakota Legislature have approved the bill that cuts the risk of lawsuits for campground owners who say they’ve been sued for acts of nature beyond their control.

The owners say the coronavirus pandemic and the South Dakota’s open invitation to visit have resulted in an influx of novice campers who don’t understand the unpredictability of nature, South Dakota Public Broadcasting reported.

Mary Arlington is executive director of the South Dakota Campground Owners Association. She testified before both the House and Senate Judiciary Committees that the legislation isn’t about gross negligence, it’s about the unpredictability of woods and meadows that has led to lawsuits over conditions outside the campground’s control.

“We visited with industry insurance carriers, and they confirmed they’ve seen lawsuits on such natural situations as bee stings and mosquito bites,” she said.

Arlington said many campers are native South Dakotans, but there has been a recent flood of out-of-staters. She said novice campers may have expectations of comfort that the realities of nature just can’t provide.

She recalled a camper who was outraged because a songbird woke her on the only morning she could sleep in. Arlington says the camper demanded a campsite refund or she would sue.

The legislation has a long list of inherent risks, including trees and tree stumps, uneven terrain, weather, wild animals, roots, rocks, mud, sand, and the absence of street lights.