GA Code § 43-21-10 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 21 - Operators of Hotels, Inns, and Roadhouses|Article 1 - Rights, Duties, and Liabilities of Innkeepers|§ 43-21-10. Deposit of Valuables by Guest With Innkeeper

 The innkeeper may provide a safe or other place of deposit for valuable articles and, by posting a notice thereof, may require guests of the innkeeper to place such valuable articles therein or the innkeeper shall be relieved from responsibility for such articles. For all valuable articles placed by a guest with an innkeeper for safekeeping, the innkeeper shall give a receipt therefor to evidence the fact of such deposit. No guest shall recover from the innkeeper more than $750.00 for loss of valuable articles deposited with the innkeeper for safekeeping unless such guest shall possess a receipt of the innkeeper for the valuable articles claimed to have been lost.   (Orig. Code 1863, § 2098; Code 1868, § 2093; Code 1873, § 2119; Code 1882, § 2119; Civil Code 1895, § 2937; Civil Code 1910, § 3510; Ga. L. 1922, p. 52, § 1; Code 1933, § 52-110; Ga. L. 1984, p. 924, § 1.)   Cross references.   - Deposits generally, § 44-12-90 et seq.   Law reviews.   - For annual survey on law of torts, see 43 Mercer L. Rev. 395 (1991).   JUDICIAL DECISIONS    Statute was not intended to be exhaustive as to reasonable rules which may be adopted by innkeepers. Austin v. Berlin Supply Co., 12 Ga. App. 798, 78 S.E. 723 (1913).    Former Code 1873, §§ 2117 and 2120 (see now O.C.G.A. §§ 43-21-8 and43-21-12) must be construed in pari materia with former Code 1873, § 2119 (see now O.C.G.A. § 43-21-10). Murchison v. Sergent, 69 Ga. 206, 47 Am. R. 754 (1882).   Multiple notices sufficient to relieve innkeeper of liability.    - Notice of the availability of a safe and the requirement that guests place valuables therein, to relieve the innkeeper of liability for the loss of such items, was sufficient since the notice was posted not only on the registration card, but also in the guest's room and behind the registration desk. Kates v. Brunswick Motel Enters., Inc., 187 Ga. App. 875, 371 S.E.2d 686 (1988); Chapparone v. First Florence Corp., 233 Ga. App. 546, 504 S.E.2d 761 (1998).    Notice on hotel register of place of deposit was not "posting" as required in this statute and was not sufficient. Murchison v. Sergent, 69 Ga. 206, 47 Am. R. 754 (1882).   Effect of innkeeper's negligence after notice.    - After notice was given by posting according to the requirements of this statute, an innkeeper was not liable for articles stolen from a guest's room because of negligence in failing to provide a suitable lock on the door of the guest's room, or in placing a fire escape in such manner to afford easy access to the room. Jones v. Savannah Hotel Co., 141 Ga. 530, 81 S.E. 874, 51 L.R.A. (n.s.) 1168 (1914).    O.C.G.A. § 43-21-10 carves out no exception for losses occasioned by the negligence or intentional torts of the innkeeper's employees. Thus, if the innkeeper posts notice in accordance with the statute, it is not liable for articles stolen from a guest's room even if the innkeeper's own employees were negligent in preventing the theft or were actually parties to the theft. Gooden v. Day's Inn, 196 Ga. App. 324, 395 S.E.2d 876 (1990), cert. denied, 196 Ga. App. 324, 395 S.E.2d 876 (1990).    Statute limited liability of hotel unless guest complied with requirements.  Holzer Watch Co. v. Dinkler Hotel Corp., 418 F.2d 241 (5th Cir. 1969).   Liability for personal effects of reasonable value despite notice.    - Even if notice had been published to a guest according to the law of this statute to deposit valuables in another place, it would not apply to a reasonable amount of traveling money and a watch of reasonable value. Murchison v. Sergent, 69 Ga. 206, 47 Am. R. 754 (1882).    Cited in  Koch v. Block Corp., 423 F.2d 700 (5th Cir. 1970).   RESEARCH REFERENCES   ALR.    - Liability of innkeeper for property left by departing guest who intends to return, 22 A.L.R. 1194.    What information must be given by a guest upon delivering articles into custody of innkeeper, 53 A.L.R. 1048.    Authority of clerk or other employee to waive innkeeper's regulation as to baggage or valuables, 56 A.L.R. 316.    Liability of hotel company for loss of or damage to guest's baggage while being transported to or from hotel, 76 A.L.R. 1106.    Construction, scope, and application of words descriptive of property in statute relating to liability of innkeeper to guest loss or damage to property, 115 A.L.R. 1088.    Place of posting, and contents of, notice by innkeeper as to safety receptacle for valuables of guest, necessary to comply with statutory provisions in that regard, 119 A.L.R. 796.   Statutory limitations upon innkeeper's liability as applicable where guests' property is lost or damaged through innkeeper's negligence, 37 A.L.R.3d 1276.   Liability of hotel or motel for guest's loss of money from room by theft or robbery committed by person other than defendant's servant, 28 A.L.R.4th 120.