43-40-1      Liability of innkeeper or hotel keeper for loss of or injury to property of guest.
43-40-2      Special arrangement between innkeeper or hotel keeper and guest for safe deposit of property.
43-40-3      Guest's receipt for property delivered for safekeeping.
43-40-4      Exemption of hotel proprietor from liability for property of guest.
43-40-5      Personal property of guest not deposited for safekeeping--Liability of innkeeper or hotel keeper--Limitation as to amount--Exceptions.
43-40-6      Guest leaving property at inn or hotel after departure or before arrival--Held at owner's risk.

43-40-1. Liability of innkeeper or hotel keeper for loss of or injury to property of guest.

No innkeeper or hotel keeper, whether individual, partnership, or corporation, who constantly has in the inn or hotel a metal safe or suitable vault in good order and who keeps on the doors of the sleeping rooms used by guests suitable locks or bolts, and on the transoms and windows of the rooms suitable fastenings and who keeps a copy of this section printed in distinct type constantly and conspicuously posted in each guest room, is liable for the loss or injury suffered by any guest, unless the guest offered to deliver any valuable property to the innkeeper or hotel keeper for custody in the metal safe or vault, and the innkeeper or hotel keeper omitted or refused to take it and deposit it in the safe or vault for custody and to give the guest a receipt. However, the keeper of any inn or hotel is not obliged to receive from any one guest for deposit in the safe or vault any property exceeding a total value of three hundred dollars, and is not liable for any excess of such property, whether received or not.

Source: CivC 1877, § 1063; CL 1887, § 3687; RCivC 1903, § 1383; SL 1913, ch 237, § 1; RC 1919, § 998; SDC 1939, § 60.0701; SL 1995, ch 248.

43-40-2. Special arrangement between innkeeper or hotel keeper and guest for safe deposit of property.

Any such innkeeper or hotel keeper may by special arrangement with a guest receive for deposit in such safe or vault any property upon such terms as they may agree to in writing, but every innkeeper or hotel keeper shall be liable for any loss of the above enumerated articles of a guest in his inn or hotel after said articles have been accepted for deposit if caused by the theft or negligence of the innkeeper, hotel keeper, or any of his servants.

Source: SL 1913, ch 237, § 2; RC 1919, § 999; SDC 1939, § 60.0702.

43-40-3. Guest's receipt for property delivered for safekeeping.

It shall be the duty of every guest and of everyone intending to be a guest of any hotel in this state, upon delivering to the proprietor of such hotel, or to his servants, any baggage or other articles of property of such guest for safekeeping, elsewhere than to the room assigned to such guest, to demand, and of such hotel proprietor to give, a check or receipt therefor in such case, to evidence the fact of such delivery.

Source: SL 1913, ch 237, § 3; RC 1919, § 1000; SDC 1939, § 60.0703.

43-40-4. Exemption of hotel proprietor from liability for property of guest.

No hotel proprietor shall be liable for the loss of or injury to such baggage or other articles of property of his guest, unless the same shall have been actually delivered by such guest to such hotel proprietor or to his servants for safekeeping, or unless such loss or injury shall have occurred through the negligence of such hotel proprietor, or by his servants or employees in such hotel.

Source: SL 1913, ch 237, § 3; RC 1919, § 1000; SDC 1939, § 60.0703.

43-40-5. Personal property of guest not deposited for safekeeping--Liability of innkeeper or hotel keeper--Limitation as to amount--Exceptions.

The liability of the keeper of any inn or hotel, whether individual, partnership, limited liability company, or corporation, for loss of or injury to personal property placed by any guest under the keeper's care, other than that described in §§ 43-40-1 to 43-40-4, inclusive, is that of a depository for hire, except that if the loss or injury is caused by fire not intentionally produced by the innkeeper or the innkeeper's servants, the innkeeper is not liable. In no case may the liability exceed the sum of one hundred fifty dollars for each trunk and its contents, fifty dollars for each valise and its contents, and ten dollars for each box, bundle, or package, and contents, so placed under the innkeeper's care, and all other miscellaneous effects, including wearing apparel and personal belongings, fifty dollars, unless the innkeeper has consented in writing with the guest to assume a greater liability.

Source: SL 1913, ch 237, § 4; RC 1919, § 1001; SDC 1939, § 60.0704; SL 1994, ch 351, § 169.

43-40-6. Guest leaving property at inn or hotel after departure or before arrival--Held at owner's risk.

Whenever any person shall suffer his baggage or property to remain in any inn or hotel, after leaving the same as a guest, and after the relation of innkeeper and guest between such guest and the proprietor of such inn or hotel has ceased, or shall forward the same to such inn or hotel before becoming a guest thereof and the same shall be received into such inn or hotel, such innkeeper may at his option hold such baggage or property at the risk of such owner.

Source: SL 1913, ch 237, § 4; RC 1919, § 1001; SDC 1939, § 60.0704.