Each of the 50 states has a different innkeeper statute – a statute that governs an innkeeper’s liability for the loss of a guest’s property. As interstate travel has become more common, it is increasingly more important for all parties – guests, insurance companies, and hotel operators – to rely on a uniform innkeeper statute. To that end, Kris Westbrook, Diana Singson, and Stephen Barth have drafted a model statute.
Background
If a guest’s property is lost or stolen, the innkeeper’s liability is limited to a certain amount. However, to receive this limited liability protection, both the innkeeper and the guest must comply with certain statutory requirements. For example, many statutes require the innkeeper to post a copy of the statute in a specific place in a specific size and in a specific font. The guest must also deposit certain items (dictated by statute) in a safe to receive statutory protection for loss or theft.
The Model Statute
The proposed model innkeeper statute has simplified the requirements for innkeepers and for guests.
Uniform application of the statute across all 50 states is beneficial for all parties. Guests can travel knowing what is expected of them. Hoteliers with properties in multiple states and insurers do not have to worry about varying statutory obligations.
The statute also takes into account the amount and types of property with which guests travel today, such as cameras, laptops, and confidential business information.
Please click here to download (.pdf) a case history for the innkeeper statute. In a few weeks, we will post the proposed model statute. In the interim, let us know what you think. Do you think a uniform statute is needed? What do you think are the biggest problems with your state’s innkeeper statute now?
Tags: hospitality lawyer, Hotel Law, hotel safety, hotel security, model innkeeper statute, Stephen Barth