CHAPTER 7. LIABILITY OF HOTELS FOR LOSS OF PROPERTY OF GUESTS
IC 32-33-7
Chapter 7. Liability of Hotels for Loss of Property of Guests
IC 32-33-7-1
"Guest" defined
Sec. 1. As used in this chapter, "guest" includes a transient guest,
permanent guest, tenant, lodger, or boarder.
As added by P.L.2-2002, SEC.18.
IC 32-33-7-2
Safekeeping place for valuables; notice; limitation on amount of
liability
Sec. 2. If:
(1) the proprietor or manager of a hotel, an apartment hotel, or
an inn provides a safe in a convenient place for the safekeeping
of any money, jewels, ornaments, furs, bank notes, bonds,
negotiable security, or other valuable papers, precious stones,
railroad tickets, articles of silver or gold, or other valuable
property of small compass belonging to or brought in by the
guests of the hotel, apartment hotel, or inn;
(2) the proprietor or manager notifies the guests by posting in
a public and conspicuous place and manner at the place of
registration of the hotel, apartment hotel, or inn or in each guest
room a notice stating that a safe place is provided in which the
articles may be deposited; and
(3) the guest neglects or fails to deliver the guest's property to
the person in charge of the office for deposit in the safe;
the hotel, apartment hotel, or inn and proprietor or manager are not
liable for any loss of or damage to the property sustained by the guest
or other owner of the property, whether the loss or damage is
occasioned by the neglect of the proprietor or manager or of the
proprietor's or manager's agents or otherwise.
(b) If a guest delivers property to the person in charge of the
office for deposit in a safe, the hotel, apartment hotel, or inn and its
manager or proprietor are not liable for the loss or damage of the
property sustained by the guest or other owner of the property in any
amount exceeding six hundred dollars ($600), whether the loss or
damage is occasioned by the negligence of the proprietor or manager
or by the proprietor's or manager's agents or otherwise,
notwithstanding that the property may be of greater value, unless the
proprietor or manager has entered into a special agreement in writing
agreeing to assume additional liability.
As added by P.L.2-2002, SEC.18.
IC 32-33-7-3
Limitation of liability
Sec. 3. Except as provided in section 2 of this chapter, the hotel,
apartment hotel, or inn and its proprietor or manager are not liable
for the loss of or damage to personal property, other than
merchandise samples or merchandise for sale, brought into the hotel,
apartment hotel, or inn by any guest, exceeding two hundred dollars
($200) in value, whether the loss or damage is occasioned by the
negligence of the proprietor or manager or the proprietor's or
manager's agents or otherwise, unless the manager or proprietor has
contracted in writing to assume greater liability. This limitation of
liability also applies with respect to the liability for the safekeeping
of any luggage or other personal property left in any hotel, apartment
hotel, or inn to be checked in any checkroom operated by the hotel,
apartment hotel, or inn, whether the luggage or other personal
property is brought in by and belongs to a guest or belongs to a
person who is not a guest.
As added by P.L.2-2002, SEC.18.
IC 32-33-7-4
Notice; guest bringing property into hotel
Sec. 4. A hotel, an apartment hotel, or an inn and its proprietor or
manager are not liable for the loss of or damage to any merchandise
samples or merchandise for sale, whether the loss or damage is
occasioned by the negligence of the proprietor or manager or the
proprietor's or manager's agents or otherwise, unless:
(1) the guest or other owner has given prior written notice of
having brought the merchandise into the hotel and of the value
of the merchandise; and
(2) the receipt of the notice has been acknowledged in writing
by the proprietor, manager, or other agent.
However, the liability of the hotel, apartment hotel, inn, or the
proprietor or manager may not exceed four hundred dollars ($400)
unless the manager or proprietor of the hotel, apartment hotel, or inn
has contracted in writing to assume a greater liability.
As added by P.L.2-2002, SEC.18.
IC 32-33-7-5
Departed guest's property left behind
Sec. 5. In case of loss or damage to any property left by a guest
after the guest has departed from any hotel, apartment hotel, or inn
and ceased to be a guest, the liability of the proprietor is that of
"gratuitous bailee" and may not exceed one hundred dollars ($100).
As added by P.L.2-2002, SEC.18.
IC 32-33-7-6
In transit loss or damage to property of guests
Sec. 6. In case of loss of or damage to any property while in
transit to or from any hotel, apartment hotel, or inn on behalf of a
guest, the liability of the proprietor is limited to two hundred dollars
($200), whether the loss or damage is occasioned by the negligence
of the proprietor or the proprietor's agents or otherwise, unless:
(1) the guest has given prior written notice of the value of the
property; and
(2) the receipt of the notice has been acknowledged in writing
by the proprietor, manager, or other agent.
However, the liability of the hotel, apartment hotel, or inn may not
exceed four hundred dollars ($400), unless the proprietor has
contracted in writing to assume a greater liability.
As added by P.L.2-2002, SEC.18.