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2018 Georgia Code 43-21-9 | Car Wreck Lawyer

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

43-21-9. Acts constituting entrustment of property to innkeeper.

It shall not be necessary to show actual delivery of property to the innkeeper before such property shall be deemed to have been entrusted to the innkeeper. Depositing goods in a public room set apart for such articles or leaving them in the room of the guest shall be a delivery to the innkeeper. However, if the guest shall deliver his goods to a servant under special charge to him to keep the same, the innkeeper shall not be liable therefor.

(Orig. Code 1863, § 2097; Code 1868, § 2092; Code 1873, § 2118; Code 1882, § 2118; Civil Code 1895, § 2936; Civil Code 1910, § 3509; Code 1933, § 52-109.)

JUDICIAL DECISIONS

Presumption of entrustment not applicable to strangers.

- Expressions, "depositing goods in a public room set apart for such articles," as used in this statute are to be understood as relating to such acts of a guest as distinguished from such acts by a mere intruder or stranger having no relation of guest to the innkeeper, and at no time establishing such a relation. Brewer v. Caswell, 132 Ga. 563, 64 S.E. 674, 131 Am. St. R. 216, 23 L.R.A. (n.s.) 1107, 16 Ann. Cas. 936 (1909).

Hotel may open unlocked items to determine owner.

- It is not an unauthorized search for hotel management personnel, including security personnel, to open unlocked items found on their premises in an attempt to determine ownership so that the lost or misplaced property can be returned to the proper owner. Berger v. State, 150 Ga. App. 166, 257 S.E.2d 8 (1979), cert. denied, 445 U.S. 927, 100 S. Ct. 1312, 63 L. Ed. 2d 759 (1980).

RESEARCH REFERENCES

ALR.

- Liability of innkeeper for property left by departing guest who intends to return, 22 A.L.R. 1194.

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.

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.

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