Limitation of Liability
Under the case circumstances, the property of guest of the hotel was stolen while she was talking to the front desk clerk checking out and settling her bill. The issue of the case concerns the liability of a hotel in loss of its client. In described situation, there may be guilt of the hotel and negligence of the guest at the same time. Both of these options should be considered hereunder.
First, the responsibility of the hotel depends from provisions of limiting liability statute. In general, the hotel administration is liable for injuries of guests staying in the hotel. It is also responsibility for property of guests. For instance, it may be prescribed that the administration of the hotel is not liable for stealing of property of their client due to some circumstances. On the other hand, there is an obligation to create safe conditions for clients of the hotel. If this requirement is following and the conditions provided by hotel meet the prescribed requirements, the liability may be limited as the hotel represented by its administration in order to ensure safe conditions in the hotel did every action that depends from it. It means that the hotel representatives acted in accordance with the statute. Therefore, the background for responsibility is absent in this situation.
The other option is when the actions of client were negligent. Consequently, the property was stolen. The liability of innkeeper means that hotel is liable for damage or loss of property of clients. One of the exclusions is fault of the guest. Even if the liability of hotel is prescribed by the statute and state legislation, it does not exempt the person from duty to take care of own things. For instance, according to the common occurrence, the precious things should be put into safe in order to avoid their stealing. If the client does not use this possibility and his or her valuable things are stolen, the hotel may not be liable for the stealing depending from legislation of the state. Moreover, if negligence is not presented in particular case, the legislation of the state should be taken into account. For instance, in some states it provides absence of responsibility of the hotel for loss or damages of guests.
To make a conclusion, there are two options to choose whether the hotel is responsible for stolen property of its guest. Usually the state legislation together with statute prescribe responsibility of the hotel for stolen things of its guests. On the contrary, the exclusions from this rule should not be neglected. As it was previously discussed, the hotel may be possible for things stolen from clients. Nevertheless, it cannot take responsibility for negligent behavior of the clients that causes stealing of property.
Kourosh Akhbari. Hotel Liability for Guests' Belongings. Legal Match, 2015. Retrieved 20 October 2015 from Download Full Essay Show full preview