O.C.G.A. § 43-21-10 (2019)

Annotations

Cross references. Deposits generally, § 44-12-90 et seq. Law reviews. For annual survey on law of torts, see 43 Mercer L. Rev. 395 (1991).

JUDICIAL DECISIONS Statute was not intended to be exhaustive as to reasonable rules which may be adopted by innkeepers. Austin v. Berlin Supply Co., 12 Ga. App. 798, 78 S.E. 723, 1913 Ga. App. LEXIS 758 (1913). Former Code 1873, §§ 2117 and 2120 (see now O.C.G.A. §§ 43-21-8 and 4321-12) must be construed in pari materia with former Code 1873, § 2119 (see now O.C.G.A. § 43-21-10). Murchison v. Sergent, 69 Ga. 206, 1882 Ga. LEXIS 198 (1882). Multiple notices sufficient to relieve innkeeper of liability. - Notice of the availability of a safe and the requirement that guests place valuables therein, to relieve the innkeeper of liability for the loss of such items, was sufficient since the notice was posted not only on the registration card, but also in the guest’s room and behind the registration desk. Kates v. Brunswick Motel Enters., Inc., 187 Ga. App. 875, 371 S.E.2d 686, 1988 Ga. App. LEXIS 1005 (1988); Chapparone v. First Florence Corp., 233 Ga. App. 546, 504 S.E.2d 761, 1998 Ga. App. LEXIS 1020 (1998). Notice on hotel register of place of deposit was not “posting” as required in this statute and was not sufficient. Murchison v. Sergent, 69 Ga. 206, 1882 Ga. LEXIS 198 (1882). Effect of innkeeper’s negligence after notice. - After notice was given by posting according to the requirements of

this statute, an innkeeper was not liable for articles stolen from a guest’s room because of negligence in failing to provide a suitable lock on the door of the guest’s room, or in placing a fire escape in such manner to afford easy access to the room. Jones v. Savannah Hotel Co., 141 Ga. 530, 81 S.E. 874, 1914 Ga. LEXIS 37 (1914). O.C.G.A. § 43-21-10 carves out no exception for losses occasioned by the negligence or intentional torts of the innkeeper’s employees. Thus, if the innkeeper posts notice in accordance with the statute, it is not liable for articles stolen from a guest’s room even if the innkeeper’s own employees were negligent in preventing the theft or were actually parties to the theft. Gooden v. Day’s Inn, 196 Ga. App. 324, 395 S.E.2d 876, 1990 Ga. App. LEXIS 930 (1990), cert. denied, No. S90C1417, 1990 Ga. LEXIS 639 (Ga. Sept. 4, 1990). Statute limited liability of hotel unless guest complied with requirements. Holzer Watch Co. v. Dinkler Hotel Corp., 418 F.2d 241, 1969 U.S. App. LEXIS 10024 (5th Cir. 1969). Liability for personal effects of reasonable value despite notice. - Even if notice had been published to a guest according to the law of this statute to deposit valuables in another place, it would not apply to a reasonable amount of traveling money and a watch of reasonable value. Murchison v. Sergent, 69 Ga. 206, 1882 Ga. LEXIS 198 (1882).

RESEARCH REFERENCES ALR. Liability of innkeeper for property left by departing guest who intends to return, 22 A.L.R. 1194. What information must be given by a guest upon delivering articles into custody of innkeeper, 53 A.L.R. 1048. Authority of clerk or other employee to waive innkeeper’s regulation as to baggage or valuables, 56 A.L.R. 316. Liability of hotel company for loss of or damage to guest’s baggage while being transported to or from hotel, 76 A.L.R. 1106. Construction, scope, and application of words descriptive of property in statute

relating to liability of innkeeper to guest loss or damage to property, 115 A.L.R. 1088. Place of posting, and contents of, notice by innkeeper as to safety receptacle for valuables of guest, necessary to comply with statutory provisions in that regard, 119 A.L.R. 796. Statutory limitations upon innkeeper’s liability as applicable where guests’ property is lost or damaged through innkeeper’s negligence, 37 A.L.R.3d 1276. Liability of hotel or motel for guest’s loss of money from room by theft or robbery committed by person other than defendant’s servant, 28 A.L.R.4th 120.