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Title XXVI TRADE AND COMMERCE

Chapter 419

previous next Effective - 28 Aug 2002bottom

  419.010.  Lodging establishment liable, when — defined. — 1.  As used in this chapter, the term "lodging establishment" shall be any building, group of buildings, structure, facility, place, or places of business where five or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests.

  2.  No lodging establishment in this state is liable for the loss of any money, jewelry, wearing apparel, baggage or other property of a guest in a total sum greater than two hundred dollars, unless the lodging establishment by an agreement in writing individually, or by the authorized agent or clerk in charge of the office of the lodging establishment, voluntarily assumes a greater liability with reference to such property.  As regards money, jewelry or baggage, a lodging establishment is not liable in any event for the loss thereof or damage thereto, unless the same was actually delivered by the guest to him or his authorized agent, or clerk, in the office of the lodging establishment, and the receipt thereof acknowledged by the delivery to the guest of a claim check of the lodging establishment, unless the loss or damage occurs through the willful negligence or wrongdoing of the lodging establishment, his servants or employees.  This section shall be posted in a conspicuous manner at the guest registration desk and in every guest room thereof, and unless so posted the same does not apply in the case of a lodging establishment failing to post same.

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(RSMo 1939 § 9928, A.L. 1955 p. 852, A.L. 2002 S.B. 1243)

Prior revision: 1929 § 13088

(1965) This section being in derogation of the common law is to be strictly construed, and a guest's automobile is not included in the words "or other property of a guest" in section limiting innkeeper's liability so that statute had no application.  Phoenix Assur. Co. of New York v. Royale Investment Co. (A.), 393 S.W.2d 43.


---- end of effective   28 Aug 2002 ----

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