As mentioned in a previous blog post, we have proposed a Model Innkeeper Statute. In that blog post, we noted the need for a Model Innkeeper Statute that allows for consistent application and clarity of compliance requirements of an innkeeper’s limitations of liability.
We propose the following Model Innkeeper Statute to begin the dialogue:
(a) Definitions:
- “Posting” shall mean: placing/affixing notice included in this statute in fourteen-point type at the place of registration of the inn and inside the entrance door of every guest room.
- “Receipt” shall mean, an itemized listing of items deposited with each item’s declared value.
- “Valuables” shall mean any money, cameras, computers, other electronic devices, jewelry, jewels, bank notes, bonds, negotiable security, or other valuable documents, and any other items that will fit in the safe provided by the innkeeper.
- “Guest” shall mean, a transient guest who registers at an inn or otherwise avails oneself of the facility’s food, beverage, lodging, or other services, including entertainment, baggage handling and storage or for any other purpose of lawfully utilizing the inn’s accommodations, amenities, or services.
- “Safe” shall mean a commercially viable lockbox, safe or vault, in good order and fit for safekeeping of Valuables, whether located in the individual rooms of the inn or behind the desk of the inn or at some other location controlled by the inn and its employees.
(b) It shall be the duty of the innkeeper to exercise reasonable care in providing honest employees and to take reasonable precautions to protect the valuables of their guests.
(c) The innkeeper shall be liable for the loss or damage of the valuables of the guest to the extent of its value or the sum of twenty-five hundred dollars ($2500.00), whichever is less, if:
- the innkeeper provides a safe, in a convenient place, and fit for the safekeeping of valuables belonging to the guest;
- the innkeeper notifies the guest by posting the language at the end of this statute identified as “Notice to Guest” in fourteen-point type and in double space at the place of registration of the inn; and inside the entrance door of every guest room*; and
- the guest deposits valuables that can be accommodated in the safe.
(d) The innkeeper shall not be liable for any loss of or damage to the valuables of the guest, if the guest fails to deposit valuables with a value over three hundred dollars ($300.00) in the in-room safe or to the innkeeper for deposit in a safe controlled by the hotel.
(e) The innkeeper shall be liable for a sum not exceeding three hundred dollars ($300.00) for the loss of all other property, including any wearing apparel, baggage, or other property belonging to a guest when such loss or damage takes place from the room occupied by the guest, and the loss is caused by the negligence, gross negligence, or intentional acts of the innkeeper.
(f) The innkeeper shall be liable for the full value of the loss or damage of any valuables of a guest in the inn, if:
- the valuables have been securely deposited in the safe provided by the innkeeper; and
- the loss is due to the theft or negligence by the innkeeper or any employees of the innkeeper.
(g) The innkeeper may, by special arrangement in writing with a guest, accept liability for losses in excess of the sum of three hundred dollars ($300.00).
(h) In all cases of loss, the burden shall be on the guest to prove the amount of loss and that any such loss was caused or contributed to by the negligence of the innkeeper.
(i) It is not an affirmative defense of the statute that the guest is a frequent traveler.
* Note to Innkeeper: Actual notice, such as telling the guest about this policy or having the guest sign a separate acknowledgement, is helpful and encouraged. However, it is not a substitute for strict compliance with these statute requirements. The “Notice to Guest” will be in plain language to inform guests of their obligation to protect their property.
The model innkeeper statute with analysis is available at www.hospitalitylawyer.com/ModelInnkeeperLiabilityStatute_Final.pdf. For a case history of the innkeeper statute, please click here.
For a brief summary of the proposed model statute, including the major proposed changes, please click here.
Do you agree with the proposed model statute? Comment here.