O.C.G.A.

O.C.G.A. § 43-21-4 (2019)

Innkeeper as depository for hire; rules governing liability

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

History

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.

Annotations

JUDICIAL DECISIONS History of limitation of innkeeper’s liability. - See Austin v. Berlin Supply Co., 12 Ga. App. 798, 78 S.E. 723, 1913 Ga. App. LEXIS 758 (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, 1882 Ga. LEXIS 198 (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 Ga. App. LEXIS 1978 (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 Ga. App. LEXIS 2443 (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 Ga. App. LEXIS 479 (1933).

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.

HOTEL, INN, & ROADHOUSE OPERATORS

Notes of Decisions

Cited in 2 cases, 2018–2018 · leading case: JORDAN v. MARRIOTT Int'l, INC. Marriott Int'l, Inc. v. Jordan., 816 S.E.2d 822 (Ga. Ct. App. 2018).

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JORDAN v. MARRIOTT Int'l, INC. Marriott Int'l, Inc. v. Jordan., 816 S.E.2d 822 (Ga. Ct. App. 2018). · cites it 4× “Thus, under the current innkeeper statutes, as stated in the two statutes upon which Jordan relies, “if the loss of such entrusted property occurs through theft and if the guest has complied with all reasonable rules of the inn, the innkeeper shall be liable as an insurer of the…”

Wendy Jordan v. Marriott Int'l, Inc a/k/a J.W. Marriott Atlanta Buckhead (Ga. Ct. App. 2018). · cites it 2× “Thus, under the current innkeeper statutes, as stated in the two statutes upon which Jordan relies, “if the loss of such entrusted property occurs through theft 7 A depository for hire means “a depository who receives or expects a reward or hire for undertaking to keep chattels…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.