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O.C.G.A. § 43-21-11 — Limitation on liability of innkeeper when valuables deposited with him | Georgia Code
O.C.G.A. § 43-21-11 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 43 PROFESSIONS AND BUSINESSES

Section 21. Operators of Hotels, Inns, and Roadhouses, 43-21-1 through 43-21-62.

ARTICLE 1 RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS

43-21-11. Limitation on liability of innkeeper when valuables deposited with him.

  1. No hotel, apartment hotel, or innkeeper shall be responsible in an amount in excess of $1,000.00 for the loss or theft of any valuables, including cash, jewelry, etc., which are contained in a package, box, bag, or other container left with the hotel proprietor or innkeeper to be placed in the safe or other depository of the hotel or inn, provided that the liability of the hotel or innkeeper may be increased to an amount in excess of $1,000.00 by a written contract entered into between the parties providing a greater liability; provided, further, that the contract shall not call for any additional cost to the guest.
  2. A notice containing the provisions of subsection (a) of this Code section shall be posted in a conspicuous place in all rooms of the hotel occupied by guests.

(Ga. L. 1943, p. 313, § 1; Ga. L. 1984, p. 924, § 2.)

Cross references.

- Liability of depositories for hire generally, § 44-12-92.

JUDICIAL DECISIONS

Statute spells out limitations on liability of hotel keepers whose guests place themselves within terms of these statutory provisions (see now O.C.G.A. Ch. 21, T. 43). Koch v. Block Corp., 423 F.2d 700 (5th Cir. 1970).

Liability limited in absence of contract.

- Because the guest and the hotel did not have a written contract providing for liability of more than $1,000, the hotel's liability was limited to that amount under the innkeeper statute. Jordan v. Marriott International, Inc., Ga. App. , S.E.2d (June 28, 2018).

RESEARCH REFERENCES

ALR.

- 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.

Effect of notice limiting liability for valuables or effects of guest in hotel, 9 A.L.R.2d 818.

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.

Construction and application of terms "jewelry" and "personal ornaments" as used in statute limiting innkeeper's liability for loss or damage to guest's property, 88 A.L.R.3d 979.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.