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O.C.G.A. § 43-21-4 — Innkeeper as depository for hire; rules governing liability | Georgia Code
O.C.G.A. § 43-21-4 (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

43-21-4. Innkeeper as depository for hire; rules governing liability.

An innkeeper is a depository for hire; however, given the nature of his business, his liability is governed by more stringent rules, as are set out in this article.

(Orig. Code 1863, § 2094; Code 1868, § 2089; Code 1873, § 2115; Code 1882, § 2115; Civil Code 1895, § 2933; Civil Code 1910, § 3506; Code 1933, § 52-104.)

JUDICIAL DECISIONS

History of limitation of innkeeper's liability.

- See Austin v. Berlin Supply Co., 12 Ga. App. 798, 78 S.E. 723 (1913).

Meaning of "stringent rules".

- By "stringent rules", as used in this statute, means more stringent rules than other depositaries for hire. Murchison v. Sergent, 69 Ga. 206, 47 Am. R. 754 (1882).

Innkeeper is not an insurer of guests' safety but needs only see that premises are reasonably safe. Truett v. Morgan, 153 Ga. App. 778, 266 S.E.2d 557 (1980).

Innkeeper must exercise ordinary care to keep premises safe for invitee tenants. Davis v. Garden Servs., Inc., 155 Ga. App. 34, 270 S.E.2d 228 (1980).

Innkeepers have lien on debtor's personalty unless voluntarily surrendered.

- Policy of law as to innkeepers, boardinghouse keepers, and all pawnees and depositaries for hire is that they shall have a lien on personalty deposited or pawned with them until they are paid for their services, but that they lose such lien by voluntary surrender to the debtor of the property on which the lien is claimed. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933).

Cited in Traylor v. Hyatt Corp., 122 Ga. App. 633, 178 S.E.2d 289 (1970).

RESEARCH REFERENCES

ALR.

- Justification of guest in leaving hotel or boarding house before expiration of contract, 10 A.L.R. 127.

Liability of innkeeper for loss or damage to property of a guest resulting from fire, 63 A.L.R.2d 495.

Liability of innkeeper, restauranteur, or tavern keeper for injury occurring on or about premises to guest or patron by person other than proprietor or his servant, 70 A.L.R.2d 628; 28 A.L.R.4th 80; 43 A.L.R.4th 281.

Liability of hotel, motel, or similar establishment for damage to or loss of guest's automobile left on premises, 52 A.L.R.3d 433.

Liability of hotel or motel operator for injury or death resulting to guest from defects in furniture in room or suite, 91 A.L.R.3d 483.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, 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.