§ 20-26-302 — Liability of proprietor

(a) No hotel proprietor shall be liable for the loss of or injury to baggage or other articles of property of his or her guest, unless the baggage or other articles of property shall have been actually delivered by the guest to the hotel proprietor or to his or her servants for safekeeping, or unless the loss or injury occurred through the negligence of the hotel proprietor, or by his or her servants or employees in the hotel. (b) No innkeeper or hotelkeeper, whether individual, partnership, or corporation, who constantly has in his or her inn or hotel a metal safe or suitable vault in good order, and fit for the custody of money, bank notes, jewelry, articles of gold and silver, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, and bullion, and who keeps on the doors of the sleeping rooms used by guests suitable locks or bolts, and on the transoms and windows of the rooms suitable fastenings, and who keeps a copy of this section printed in distinct type constantly and conspicuously posted in not less than ten (10) conspicuous places in the hotel or inn, shall be liable for the loss or injury suffered by any guest unless the guest has offered to deliver the baggage or other articles of property to the innkeeper or hotelkeeper for custody in the metal safe or vault, and the innkeeper or hotelkeeper has omitted or refused to take it and deposit it in the safe or vault for custody, and to give the guest a receipt therefor. (c) The keeper of any inn or hotel shall not be obliged to receive from any one (1) guest for deposit in a safe or vault any property hereinbefore described exceeding a total value of three hundred dollars ($300) and shall not be liable for any excess of the property, whether received or not. (d) However, an innkeeper or hotelkeeper may, by special arrangement with a guest, receive for deposit in a safe or vault any property upon such terms as they may agree to in writing. Every innkeeper or hotelkeeper shall be liable for loss of these enumerated articles of a guest in his or her inn or hotel after the articles have been accepted for deposit if the loss was caused by the theft or negligence of the innkeeper, hotelkeeper, or any of their servants.

Legislative History

Acts 1913, No. 217, §§ 1, 1a, 2a; C. & M. Dig., §§ 5564-5566; Pope's Dig., §§ 7202-7204; A.S.A. 1947, §§ 71-1107 -- 71-1109.