Tag Archives: Innkeeper Statutes

P3 Hospitality Industry Risk Report: “Innkeeper’s Limit Of Liability” By Petra Risk Solutions’ Director Of Risk Management Todd Seiders (Video)

[vimeo http://www.vimeo.com/52513786 w=630&h=354]

Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Innkeeper’s Limit of Liability’. 

  P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

Comments Off on P3 Hospitality Industry Risk Report: “Innkeeper’s Limit Of Liability” By Petra Risk Solutions’ Director Of Risk Management Todd Seiders (Video)

Filed under Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Theft Risks: Hotel Liability For Theft Of Guest's Property Is Limited By Statute In All States; Providing Digital Room Safes Can Limit Total Losses

Under common law, an innkeeper or hotelier was liable for loss or damage to guest’s property for the full value, unless the loss was caused by an act of nature (hurricanes, tornadoes, etc.), civil unrest, or the fault of the guest…each state has modified the common law by enacting statutes that limit the hotel’s liability… ordinarily limited to a specific figure, anywhere from $250 to $5,000.

Hotels typically post conspicuous notices indicating that valuables worth more than a certain amount (e.g., $250 or $500) must be deposited in the hotel safe in order to be covered for any loss. (Room safes are generally recommended only if they contain digital keypads, and the guest assumes all responsibility for getting into the safe and keeping the combination confidential.)

Two states have been randomly selected to provide examples of these statutes:

  • The Rhode Island statute states that if the hotel provides a safe for depositing money, jewelry, watches, and the like, and notifies guests by posting a conspicuous notice to that effect, and guests fail to deposit their valuables in the safe, the hotel is not liable for any loss to the valuables. It goes on to add that the hotel is not obligated to accept property for safekeeping that exceeds $500 in value. If a guest deposits property with a value exceeding $500 in the safe, the hotel is not responsible for loss to this property for more than $500, unless there is a special written agreement with the hotel for a greater amount.
  • The New Mexico statute states that the hotel is liable to its guests for loss of their property that is caused by the theft or negligence of the hotel or its staff, up to a limit of $1,000. However, if the hotel provides a suitable safe for safekeeping of money, jewelry, or other valuables, and notifies guests by posting a printed notice in hotel rooms, and guests fail to deposit their valuables in the safe, the hotel will not be liable.

For more:  http://www.adjustersinternational.com/insights_1002EA.cfm

Comments Off on Hospitality Industry Theft Risks: Hotel Liability For Theft Of Guest's Property Is Limited By Statute In All States; Providing Digital Room Safes Can Limit Total Losses

Filed under Crime, Guest Issues, Insurance, Liability, Maintenance, Management And Ownership, Risk Management, Theft

Hospitality Industry Risk: "Petra Risk Solutions" Releases "P3 Hospitality Risk Report" Video On "Innkeeper's Limit Of Liability"

[vimeo http://www.vimeo.com/52513786 w=630&h=354]

Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Innkeeper’s Limit of Liability’. 

  P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

Comments Off on Hospitality Industry Risk: "Petra Risk Solutions" Releases "P3 Hospitality Risk Report" Video On "Innkeeper's Limit Of Liability"

Filed under Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hotel Industry Personal Property Liability: Hotel Owners Are Strictly Liable For Guest’s Property Subject To State’s Innkeeper Statutes

Hotel owners and managers must remember that under the common law, most jurisdictions and subject to certain limited exceptions, they are strictly liable for loss or damage to a guest’s property, unless that liability has been limited by statute.

Innkeeper statues are a product of local rather than federal law. Each state (and the District of Columbia) is free to enact its own innkeeper statute. For this reason, the first thing the innkeeper must do is check the law in each state in which a hotel is located and clearly understand what that law requires.

In this case (Paraskevaides v. Four Seasons Washington), a hotel guest just happened to be traveling with, and decided to place in her in-room safe, jewelry valued at approximately $1.2 million. When someone removed the jewelry from the in-room safe after entering both the hotel room and the safe without force, the guests sued the hotel. One of the defenses the hotel asserted was based upon the Innkeeper Statute applicable in the District of Columbia.

Although the trial court allowed the defense, the appeals court determined that the hotel was not entitled to the statute’s protection because the hotel had failed to comply with the statute’s requirements. The appeals court then sent the case back to the trial court for a determination of the hotel’s liability under the common law. Noting that neither party had addressed that issue on appeal, the appeals court remained silent as to the applicable common law standards. Accordingly, after several years of litigation, the parties are back to square one and the extent of the hotel’s liability remains wide open.

If an innkeeper fully complies with applicable innkeeper statues, the benefits can be significant. Under the District of Columbia Innkeeper Statute, for example, compliance allows innkeepers to avoid all liability for the loss, theft or destruction of property not deposited in the hotel’s safety deposit boxes unless it is “usual, common or prudent” for a guest to retain such property in his or her room. Moreover, compliance with the statute limits an innkeeper’s liability for the loss, theft or destruction of property deposited in the safety deposit boxes to the lesser of $1,000 or the fair value of the property. In order to reap the benefits of these statutes and limit a guest’s common law rights, a hotel must be precise in its compliance.

The District of Columbia’s version of the innkeeper statute required, among other things, that hotels display either a printed copy of the innkeeper statute or a summary of the law in both the guest rooms and in the public rooms of the hotel. The appeals court in this case concluded that the hotel did not display a copy or summary of the statute in its public rooms, and, therefore, could not rely on the statute to limit its liability.

For more:    http://www.hotelinteractive.com/article.aspx?articleID=1605

Comments Off on Hotel Industry Personal Property Liability: Hotel Owners Are Strictly Liable For Guest’s Property Subject To State’s Innkeeper Statutes

Filed under Crime, Insurance, Liability, Theft