Source: Robin Roth, Senior Contracts Editor, Conferon, Inc.
E-Specs: July 15, 2002

In the drab world of legalese, the "innkeeper’s laws" at least have a colorful history. These laws date back to medieval England where inns, castles and well-defended towns were the only safe havens from the robbers and highwaymen who roamed the land. Strict laws were enacted that favored an inn’s guests. Innkeepers were obligated to provide protection, in addition to the less rigorous obligation to offer hospitality. Also, strict laws were needed to help guests losing sleep because the innkeepers themselves often collaborated with the robbers to steal from the guests! Many of these strict common-law regulations are still in effect but overall there is a more relaxed standard of liability for hotels. Hotels are generally liable now only for injuries to guests caused by the hotel’s negligence.

You may recall seeing language in a hotel contract with a caveat such as "Hotel’s liability is subject to the limitations of the innkeeper’s law." The innkeeper’s laws are generally state laws that regulate hotels’ liability in areas such as personal property. (You may find a partial text of the law behind a door in your hotel room.) Even if guests’ valuables are insured under their own personal property insurance, the insurance company can sue the hotel to recoup money paid out. In certain states, common law may still hold that a hotel would be liable for ANY loss of a guest’s belongings that occurs on hotel property. There may be dollar limits placed on that liability but in order for the limits to apply, the hotel would need to meet certain conditions such as providing a safe and posting a notice that includes a statement about its limits of liability. This is significant because the limitations of the innkeeper’s law would only help the hotel if it complied with the conditions of the law.

Other areas of responsibility for a hotel that may be addressed in the innkeeper’s laws include the duty to accept all guests (this is also addressed in civil rights legislation), the conditions under which a guest can be ejected (in most states, hotels cannot have guests removed who have stayed beyond their communicated check out date), liability for loss of personal property if the hotel is negligent, liability for property other than valuables such as belongings left in a checkroom, and liability for autos. Understanding the provisions of the innkeeper’s law that applies to your designated hotel could alert you to potential problems.

(Note: This information is not intended to be "legal advice." A qualified attorney should be consulted to review all contract issues.)