TITLE XXXI
TRADE AND COMMERCE

CHAPTER 353
HOTELS, TOURIST CABINS, ETC.

Generally

Section 353:1

    353:1 Liability for Losses. – No hotel keeper, innkeeper, operator of overnight cabins, motor courts, or similar establishments (hereinafter referred to as hotel keeper), shall be liable to a guest for the loss of wearing apparel or baggage belonging to such guest where it shall appear that such loss takes place from the room or rooms assigned to such guest and provided such hotel keeper proves affirmatively that such loss was not caused or contributed to by his negligence or fault, or was caused solely by the negligence of such guest; and, in no case shall recovery for such loss exceed the sum of $300. A hotel keeper shall provide a suitable safe in his hotel for the safekeeping of money, jewelry, precious stones, watches, negotiable securities and other valuables belonging to the guests of such hotel; and, if such hotel keeper gives notice thereof by posting in the rooms of such guests and in the office of the hotel, in a conspicuous manner, a notice containing a copy of this section and stating therein the fact that such safe is provided in which such property may be deposited, such hotel keeper shall not be liable to any guest for the loss by theft, or otherwise, of any such property not delivered, or offered to be delivered, to the person in charge of the office of such hotel for deposit in such safe, provided such hotel keeper proves affirmatively that such loss was not caused or contributed to by his negligence or fault, or was caused solely by the negligence of such guest, and such hotel keeper shall not be liable to any guest for any sum in excess of $1,000 on account of the loss by theft, or otherwise, of any such property received for deposit, except by special contract in writing stating the kind and value of the property received and the kind and extent of the liability of the hotel keeper. Nor shall such hotel keeper be liable in any sum for the loss of other property, including wearing apparel and personal baggage, belonging to any guest and not within the room or rooms assigned to him, unless the same is specially entrusted to the care and custody of such hotel keeper or agents or servants.

Source. 1885, 97:1. PS 129:1. PL 171:1. RL 208:1. 1947, 282:1, eff. July 1, 1947.