Section 43-40-5 - Personal property of guest not deposited for safekeeping--Liability of innkeeper or hotelkeeper--Limitation as to amount--Exceptions. - South Dakota Statutes

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.