O.C.G.A. § 44-12-92 (2019)
Liability of depositories for hire
Depositories for hire are bound to exercise ordinary care and diligence and are liable as in other cases of bailment for hire.
History
Orig. Code 1863, § 2089; Code 1868, § 2084; Code 1873, § 2110; Code 1882, § 2110; Civil Code 1895, § 2928; Civil Code 1910, § 3501; Code 1933, § 12-404.
Annotations
Cross references. Seller’s right to identify goods to the
contract notwithstanding breach or to salvage unfinished goods, § 11-7-204. Liability of innkeeper for goods stolen while entrusted to his care, § 43-21-8.
JUDICIAL DECISIONS Nothing in O.C.G.A. Title 11 repeals or affects O.C.G.A. § 44-12-92. A.A.A. Parking, Inc. v. Bigger, 113 Ga. App. 578, 149 S.E.2d 255, 1966 Ga. App. LEXIS 1141 (1966). Defendant storage company is bound to exercise ordinary care to protect plaintiff’s property, and the storage company’s failure to deliver the goods on demand establishes a prima facie case for the plaintiff. Washburn Storage Co. v. Mobley, 94 Ga. App. 113, 94 S.E.2d 37, 1956 Ga. App. LEXIS 479 (1956). Bailee can prevail only by estab-
lishing that bailee exercised ordinary care to prevent the loss or destruction of the bailor’s property, once a prima face case is made against the bailee for failure to deliver the bailed goods on demand. Harper Whse., Inc. v. Henry Chanin Corp., 102 Ga. App. 489, 116 S.E.2d 641, 1960 Ga. App. LEXIS 660 (1960). Bank must prove that it exercised ordinary care upon proof of loss by customer who rents a safety deposit box. Buena Vista Loan & Sav. Bank v. Bickerstaff, 121 Ga. App. 470, 174 S.E.2d 219, 1970 Ga. App. LEXIS 1257 (1970).
RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, § 158 et seq. C.J.S. 26B C.J.S., Depositaries, § 11 et seq. ALR. Relationship of bailor and bailee as between owner of goods in bonded warehouse and proprietor of warehouse, 77 A.L.R. 1502.
Liability of warehouseman for injury to stored goods as result of failure to maintain proper temperatures, 92 A.L.R.2d 1298. Liability of savings bank for payment to person presenting lost or stolen passbook or savings account card, 68 A.L.R.3d 1080.