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 ofliability
Sec. 2. If:
(1) the proprietor or manager of a hotel, an apartment hotel, oran inn provides a safe in a convenient place for the safekeepingof 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 valuableproperty of small compass belonging to or brought in by theguests of the hotel, apartment hotel, or inn;
(2) the proprietor or manager notifies the guests by posting ina public and conspicuous place and manner at the place ofregistration of the hotel, apartment hotel, or inn or in each guestroom a notice stating that a safe place is provided in which thearticles may be deposited; and
(3) the guest neglects or fails to deliver the guest's property tothe person in charge of the office for deposit in the safe;
the hotel, apartment hotel, or inn and proprietor or manager are notliable for any loss of or damage to the property sustained by the guestor other owner of the property, whether the loss or damage isoccasioned by the neglect of the proprietor or manager or of theproprietor's or manager's agents or otherwise.
(b) If a guest delivers property to the person in charge of theoffice for deposit in a safe, the hotel, apartment hotel, or inn and itsmanager or proprietor are not liable for the loss or damage of theproperty sustained by the guest or other owner of the property in anyamount exceeding six hundred dollars ($600), whether the loss ordamage is occasioned by the negligence of the proprietor or manageror by the proprietor's or manager's agents or otherwise,notwithstanding that the property may be of greater value, unless theproprietor or manager has entered into a special agreement in writingagreeing 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 liablefor the loss of or damage to personal property, other thanmerchandise 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 thenegligence of the proprietor or manager or the proprietor's ormanager's agents or otherwise, unless the manager or proprietor hascontracted in writing to assume greater liability. This limitation ofliability also applies with respect to the liability for the safekeepingof any luggage or other personal property left in any hotel, apartmenthotel, or inn to be checked in any checkroom operated by the hotel,apartment hotel, or inn, whether the luggage or other personalproperty is brought in by and belongs to a guest or belongs to aperson 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 ormanager are not liable for the loss of or damage to any merchandisesamples or merchandise for sale, whether the loss or damage isoccasioned by the negligence of the proprietor or manager or theproprietor's or manager's agents or otherwise, unless:
(1) the guest or other owner has given prior written notice ofhaving brought the merchandise into the hotel and of the valueof the merchandise; and
(2) the receipt of the notice has been acknowledged in writingby the proprietor, manager, or other agent.
However, the liability of the hotel, apartment hotel, inn, or theproprietor or manager may not exceed four hundred dollars ($400)unless the manager or proprietor of the hotel, apartment hotel, or innhas 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 guestafter the guest has departed from any hotel, apartment hotel, or innand 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 intransit to or from any hotel, apartment hotel, or inn on behalf of aguest, the liability of the proprietor is limited to two hundred dollars($200), whether the loss or damage is occasioned by the negligenceof the proprietor or the proprietor's agents or otherwise, unless:
(1) the guest has given prior written notice of the value of theproperty; and
(2) the receipt of the notice has been acknowledged in writingby the proprietor, manager, or other agent.However, the liability of the hotel, apartment hotel, or inn may notexceed four hundred dollars ($400), unless the proprietor hascontracted in writing to assume a greater liability.
As added by P.L.2-2002, SEC.18.