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.