Summary:
This South Dakota statute provides that a vicious dog, defined as any dog which,
when unprovoked
, in a vicious manner approaches in apparent attitude of attack, or bites, or otherwise attacks a human being including a mailman, meter reader, serviceman, etc. who is on private property by reason of permission of the owner, is a public nuisance. However, no dog may be declared vicious if an injury or damage is sustained to any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.
This South Dakota statute provides that a vicious dog, defined as any dog which,
when unprovoked
, in a vicious manner approaches in apparent attitude of attack, or bites, or otherwise attacks a human being including a mailman, meter reader, serviceman, etc. who is on private property by reason of permission of the owner, is a public nuisance. However, no dog may be declared vicious if an injury or damage is sustained to any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.